IMPLEMENTATION OF THE
FCTC ART. 13
PROHIBITION
TAPS
Dorcas J. Kiptui
Programme Officer, Division of NCD
Focal Point Tobacco Control
Ministry of Public Health & Sanitation, Kenya
Rationale for Art. 13
 It is a non Price measure to reduce tobacco
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consumption
Evinced based establishment of causal
relationship between TAPS and tobacco
consumption
TAPS encourages youth to experiment on
tobacco products & initiate regular use
Reduce motivation to quit
Promotes defaulting among smokers who
have quit
FCTC Art 13
 Parties to recognize that a comprehensive ban on
advertising, promotion and sponsorship would
reduce the consumption of tobacco products
 Each Party shall,.. undertake a comprehensive ban
of all tobacco advertising, promotion and
sponsorship. This
shall include, subject to the legal environment and
technical means available to that Party, a
comprehensive ban on cross-border advertising,
promotion and sponsorship within the period of five
years after entry into force of the Convention for
that Party,
Article 5.3 recommends
 Ban on donation, funds, gifts, services from
tobacco interest groups and inclusion on govt
committees and advisory bodies involved in
TC
 Government to regulate activities described
as “socially responsible” by TI including CSR
FCTC Definition
“tobacco advertising and promotion”
means any form of commercial communication,
recommendation or action with the aim, effect
or likely effect of promoting a tobacco product or
tobacco use either directly or indirectly;
 “tobacco sponsorship”
means any form of contribution to any event,
activity or individual with the aim, effect or likely
effect of promoting a tobacco product or
tobacco use either directly or indirectly;
Forms of advertising
 Direct Ad – billboards,
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TV, Radio, Print media
Merchandising /brand
stretching– umbrellas, tshirts, caps, lighters,
matches, sweets
Packaging – brand
imagery
Product placement –
film, movies, Tv pgms,
car race
Sponsoring events –
sports, music, fairs,
individuals, entity
 Point of sale – wall,
stacking, posters,
dummies
 Free samples
 Coupons
 Marketing – events ,
participatory
promotions, discounts,
brand promo
 CSR – Prevention pgms,
social amenities
TCA definition/provisions
Advertisement
any statement, communication, representation or
reference aimed at the public and designed to promote or
publicise a tobacco product or encourage its use, or draw
attention to the nature, properties, advantages or uses of
the product;
includes:
 the use, in any advertisement or promotion aimed at the
public, of a tobacco product manufacturer’s company name
where the name or any part of the name is used as, or is
included in a tobacco product trade mark;
 product stacking and product displays of any kind or size;
Total Ban on Advertising
 on any medium of electronic, print or any
other form of communication
 Ads that depicts, in whole or in part, a
tobacco product, its package or a brand
element or one that evokes a tobacco
product or element
 lifestyle advertising
Branding
Branding on walls
before
after
Promotion
 “promotion” means a representation, including
an advertisement, whether direct or indirect,
including any communication of information
about a product or service and its price and
distribution, that is likely to influence and shape
attitudes, beliefs and behaviour about the
product or service, or that is intended to or has
the effect of inducing consumers to use tobacco
products, underestimate the dangers of tobacco
consumption, or create recognition of or
goodwill for the tobacco manufacturer;
Total Ban on Promotion
 packaging, that are false, misleading or
deceptive or that are likely to create an
erroneous impression about the
characteristics, health effects, health hazards
or social effects of the tobacco product or its
emissions
Point of sale advertising
Promotional material at point of sale
Print media/ Price promotion
Point of sale stacking
Total Ban Promotion
 testimonial - the depiction of a person,
character or animal, whether real or fictional,
including literary, dramatic, musical,
cinematographic, educational or artistic
works, productions or performances that use
or depict a tobacco product or a tobacco
product-related brand element, whatever the
mode or form of its expression, shall be
considered to be a testimonial for, or an
endorsement of the product.
Child appealing Characters
Ban tobacco related gifts/tokens
 offer or provide any consideration, whether directly or
indirectly, for the purchase of a tobacco product,
including a gift to a purchaser or a third party, bonus,
premium, cash rebate or right to participate in a game,
lottery or contest
 furnish a tobacco product without monetary
consideration or in consideration of the purchase of a
product or service or the performance of a service;
 furnish an accessory that bears a tobacco product-
related brand element without monetary consideration
or in consideration of a product or service or the
performance of a service.
Ban on Cross border Advertising
 No person shall, on behalf of another person,
with or without consideration, publish, broadcast
or otherwise disseminate any promotion that is
prohibited by this Part
 No person shall, by means of a publication that is
published outside Kenya, or a broadcast that
originates outside Kenya, or any other
communication that originates outside Kenya,
promote any tobacco product or disseminate
promotional material that contains a tobaccorelated brand element in a manner that is
contrary to the requirements of the TCA
Total Ban on Sponsorship
 by means of organizing, promoting or sponsoring a
sporting, cultural, artistic, recreational, educational or
entertainment programme, event or activity;
or
 promote a tobacco product at any sporting, cultural,
artistic, recreational, educational or entertainment event or
activity;
or
 advertise tobacco or a tobacco product by means of
organizing, promoting or sponsoring trade fairs,
exhibitions, shows or any other events.
Total Ban
Brand Stretching
 The name of a manufacturer or tobacco product
related brand name may only appear on a
permanent facility if such facility is owned or
leased and used by the manufacturer.
 No manufacturer, distributor or retailer shall
manufacture, distribute or sell an accessory that
displays a tobacco product-related brand name
or the name of the manufacturer.
 display a tobacco brand element on a nontobacco product.
 furnish or promote non-tobacco products
bearing tobacco-related brand names.
Penalties
 Promotion of tobacco product or tobacco
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related brand element – Ksh. O.5M/3yrs
imprisonment or both
Sponsorship - Ksh. O.5M/3yrs imprisonment
or both
Brand element on non tobacco product - KSh
150k/6months or both
Free/gifts/token Ksh. 1million, 6months or
both
Cross border Ads – KSh.3M/3yrs
imprisonment or both
Achievements
 FCTC Ratification
 FCTC domestication through legislation
 TOTAL BAN On TAPS
Results
 No overt Advertising
 Marked reduction in consumption among adults
 TI is now behind the scenes
 No more misinformation/
 No more CSR= changing public perception of TI
 Reduced introduction of new products
 Failed attempts for new market by foreign
traders
Challenges
 Understanding of TAPS
 Subtle TAPS
 Monitoring
 Cross border TAP media
 Internet TAP
 Endorsement by senior Officials, opinion
leaders
 Lack resources to implement counter ads
Recommendation
Total ban is the way to succeed as partial
bans are difficult to monitor and are
Ineffective
Use the FCTC definitions and G/lines
Include cross border bans on TAPS
Cover future technologies
 CSOs key role in monitoring and
surveillance
 Ban to apply on TAPS of ALL tobacco
Products
Kongoi
Asante
Thank you
Merci
Gracias
Obrigada
Jai-rruh-jef