Feature Article

The tobacco control effort is moving forward across the world.  More than 100 countries, including Canada, China, India and Japan, have ratified the World Health Organization's (WHO) Framework Convention on Tobacco Control (Framework), and the European Union recently disallowed a German law allowing tobacco companies to avoid high taxes on cigarettes.

Tobacco is responsible for the death of one in ten adults worldwide. In response to this devastating health problem, the WHO initiated the Framework.  The treaty, adopted by the World Health Assembly in May 2003, requires countries that ratify it to introduce clean indoor air policies, create greater controls on sales of cigarettes to youth, restrict tobacco advertising and sponsorship, provide more comprehensive health warnings on cigarette packets, limit the use of language like "light" and "low-tar," develop anti-smuggling strategies, and increase taxes on tobacco sales.

The Framework represents the first time the World Health Organization has used its mandate to make international law; the first international law to regulate an entire industry; the first international health agreement to recognize countries' right to prioritize health over trade and commercial interests; and the first accord to protect public health policies from tobacco industry interference.  One hundred sixty-eight countries have signed the treaty, including the U.S., however, only 106 have ratified the treaty (the United States has yet to ratify the Framework). Those countries that ratified the Framework by the November 8, 2005 deadline are scheduled to meet for the first time in Geneva in February to discuss enforcement of the terms of the Framework.

While countries are banding together to curb tobacco use across the planet, the European Union (EU) is taking steps to tighten tobacco control laws within its jurisdiction.  The EU's Court of Justice recently ruled illegal a German tax loophole which allowed tobacco companies to avoid high taxes on self-assembly cigarettes.  Tobacco companies in Germany have sold the low-taxed ready-made rolls of tobacco and matching paper tubes, in order to take advantage of the loophole.  However, the Court ruled that self-assembly cigarettes should be classified along with other cigarettes and, as such, should face the same taxes.  The European Commission said it is now up to the German government to close the loophole.