Tobacco companies use loopholes in law to promote their products: Study

Taking advantage of loopholes in the Smoking and Usage of Tobacco Products (Control) Act (2005), tobacco companies resort to ill tactics to display and promote their products at points of sale, according to a study.  

It said, the tobacco companies are enticing and inducing restaurant owners to establish Designated Smoking Area (DSA) and display advertisements for tobacco products.

The study findings were presented at a programme at Centre on Integrated Rural Development for Asia and the Pacific (CIRDAP) Dhaka on Wednesday. Former health minister Dr AFM Ruhal Haque attended the event as chief guest.

According to the keynote, tobacco companies are encouraging tobacco sales by leveraging various marketing and advertising tactics. It cited the example of setting sales targets for retailers recognising the best sellers as their listed partners.

Tobacco companies also distribute awards and gifts, like essential home appliances, beds, almirah, bicycles, pressure cookers, rice cookers, blenders, and luxury items like gold coins, LED TV, air conditioner, refrigerator, and gift vouchers based on their sales performance, the discussion was told.

They offer “Best Seller” awards each year for top performers. Both British American Tobacco (BAT) and Japan Tobacco International (JTI) also offer incentives — such as celebratory dinners and free trips at home and abroad for dealers, wholesalers, and vendors.

The surveyed restaurants were selected from a pre list from high-end areas (Gulshan, Dhanmondi, Banani, Uttara) that has designated smoking area and tobacco advertising/branded materials displayed.

All the restaurants were found with sign/logo of British American Tobacco Bangladesh (BATB) displayed in “colourfully decorated box with lighting” (containing empty packets of cigarettes). In 73 per cent of the restaurants, the advertisement was displayed at designated smoking area and 27 per cent restaurants had advertisements at the entrance/exit and near food service tables, also advertisements were displayed in multiple places., according to the findings.

Tobacco companies offer one-time cash benefits to restaurant owners for displaying these advertising materials and maintaining them. Depending on the location of the restaurant, a maximum Tk 1.5 million and a minimum Tk 4,00,000 are offered.

The average amount offered is Tk 8,00,000. For displaying the advertisement, 60 per cent of the restaurant owners made written agreements while the remaining 40 per cent had oral agreements with the tobacco companies.

To ensure Prime Minister Sheikh Hasina’s vision for tobacco-free Bangladesh by 2040, the studies recommended that, existing Tobacco Control Act should be strengthened by amending the provisions to include a comprehensive ban on product display at POS. It also suggested removing the provisions for designated smoking areas from all types of restaurants and other public places in order to protect public health, especially youth, children and women.

Former health minister Dr AFM Ruhul Haque said that nowadays people are quite aware against smoking, but if the tobacco companies violate the law in the interest of making profit, then law-related concerns should be stricter.

He urged to amend the existing tobacco control law and include a strict provision to specifically ban product display and advertisement at point of sale. And he also asked every walk of society to support lawmakers for amending the law.

The event was also attended by Ashim Kumar Ukil, Hossen Ali Khandokar, Additional Secretary and Coordinator, NTCC; Mostafizur Rahman, lead policy adviser of Campaign for Tobacco Free Kids (CTFK) attended the event as special guests.

The event was presided over by Manjurul Ahsan Bulbul, CEO of TV Today. Ahmed Swapan Mahmud, Executive Director of VOICE was the moderator.

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