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Tobacco industry strategies for influencing European community tobacco advertising legislation

A public-health article in this weeks issue of THE LANCET highlights how the tobacco industry lobbied individual member states of the European Community to prevent the introduction of a total ban on tobacco advertising in 1998.

Restrictions on tobacco company advertising and sponsorship are effective parts of tobacco control programmes worldwide. Through Council Directive 98/43/EC, the European Community (EC) sought to end all tobacco advertising and sponsorship in EC member states by 2006. Initially proposed in 1989, the directive was adopted in 1998, and was annulled by the European Court of Justice in 2000 following a protracted lobbying campaign against the directive by a number of interested organisations including European tobacco companies. A new advertising directive was proposed in May, 2001.

Mark Newman and colleagues from the University of California, San Francisco, USA, reviewed online collections of tobacco industry documents from US tobacco companies made public under the US Master Settlement Agreement of 1998. Documents reviewed dated from 1978 to 1994 and came from Philip Morris, R J Reynolds, and Brown and Williamson (British American Tobacco) collections. Around 15 000 pages of paper records related to British American Tobacco were also obtained. This information was supplemented with information in the published literature and consultations with European tobacco control experts.

The investigators state that the tobacco industry lobbied against Directive 98/43/EC at the level of EC member state governments as well as on a pan-European level: The industry sought to prevent passage of the directive within the EC legislature, to substitute industry-authored proposals in place of the original directive, and if necessary to use litigation to prevent implementation of the directive after its passage.

Stanton Glantz (one of the investigators) comments: The tobacco industry sought to delay, and eventually defeat, the EC
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Contact: Richard Lane
richard.lane@lancet.com
44-20-7424-4949
Lancet
11-Apr-2002


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