News analysis Tob Control: first published as 10.1136/tobaccocontrol-2020-056285 on 23 October 2020. Downloaded from The intent of the promoters of the process to adopt strict tobacco control Worldwide news initiative is that these minor constitutional legislation. According to a 2015 report, amendments would provide the legal basis approximately two- thirds of the Swiss and comment for the adoption of legislation that bans public supported banning tobacco adver- all forms of tobacco advertising for prod- tising in all locations except at the point of ucts that reach children and young people, sale, while 58% supported a comprehen- SWITZERLAND: GOVERNMENT THINKS such as in theatres, on posters and bill- sive advertising ban. PREVENTING YOUTH-FOCUSED boards, in magazines and on the internet, The annual costs of smoking in Swit- TOBACCO ADVERTISING ‘GOES MUCH and at the point of sale. This would also zerland are estimated to be around CHF TOO FAR’ include ending the promotion of tobacco 5 billion (approximately 5.394 billion products and the event sponsorship by the In a recent message to parliament, the USD), far exceeding the revenues derived tobacco industry. Swiss research indicates from tobacco taxes. The Swiss govern- Swiss Government has rejected a popular nearly 57% of young people aged 24 to 25 ment has been blocked by parliament initiative aimed at protecting children years reported receiving a tobacco-related from increasing tobacco taxes since 2014. and youth against exposure to tobacco promotional gift. Only tobacco adver- Approximately 32% of young people aged advertising, arguing that such protection tising exclusively targeting adults would 15 to 25 years old in Switzerland smoke, would threaten the economic interests still be permitted. and 27% of adults smoke. Tobacco use is of the tobacco industry. In the message, The initiative by the Swiss health orga- responsible for approximately 15% of all the government restated its policy to nizations expresses their exasperation preventable deaths in Switzerland. only support tobacco advertising restric- with the systematic opposition, over the If Switzerland wants to ratify the FCTC, tions that are “acceptable to the tobacco years, of both chambers of parliament it should adopt comprehensive tobacco industry”. against any form of effective tobacco advertising and sponsorship bans, increase The popular initiative is an instrument control legislation. taxes on tobacco products, and implement of direct democracy that allows citizens In 2014, Switzerland adopted a new strong measures to protect its tobacco to propose changes to the Swiss constitu- law on foodstuffs, with the aim of making control policy from the interference of tion, provided 100 000 signatures were it compatible with EU legislation. Tobacco the tobacco industry, which is its main collected in their support. The initia- products, which were treated as foodstuff problem today. tive “Yes to the protection of children until then, were excluded from the new Pascal Diethelm and youth against tobacco advertising” law, as they are not considered as food in OxyRomandie, Switzerland was launched by the major Swiss public the EU law. Switzerland thus needed a law pascal@ diethelm. me copyright. health organizations, under the leader- specifically dedicated to tobacco products. ship of Hans Stöckli, who is currently the The government produced its first draft President of the Council of States (Swit- tobacco products law (TPL) in the same US: CALIFORNIA PASSES LAW zerland’s Senate). The initiative aims at year. Although the draft law was very weak, PROHIBITING MENTHOL & FLAVOURED making two small changes to the Swiss keeping Switzerland at the bottom of the TOBACCO PRODUCTS federal constitution. Tobacco Control Scale in Europe rating for California has become the second U.S The first change (italicised) includes advertising bans, both chambers of parlia- state to pass comprehensive legislation additional wording to Article 41: “The http://tobaccocontrol.bmj.com/ ment rejected it, asking the government to to prohibit the retail sale of menthol and Confederation and the cantons undertake, submit a new, weaker draft law. The argu- flavoured tobacco products from January in addition to individual responsibility ments were that “the law goes much too 1 2021. The prohibition includes pen- style and private initiative, to ensure that […] far as it interferes with the principles of electronic cigarette (e- cigarette) pods, children and young people are encour- the market economy” and that “there is no tank- based e- cigarette systems, menthol aged to become independent and socially evidence to date that a general ban on adver- cigarettes and chewing tobacco; however responsible persons and are supported in tising will reduce tobacco consumption.” premium cigars and hookah tobacco are their social, cultural and political integra- The government then submitted a exempt. tion and that their health is promoted.” watered-down draft to parliament (with no Similar legislation was proposed in The second change makes the following restriction on tobacco advertising in news- May 2019, however it was retracted after addition (shown in italics) to Article 118 papers, at the point of sale, with no spon- significant amendments led health advo- Health protection: “Within the limits of sorship ban etc.), which was still opposed cates to withdraw their support. The state on September 30, 2021 by guest. Protected its powers, the Confederation shall take by economic circles and their parliamen- Senate voted again in August 2020 and measures to protect health. It shall legis- tarian proxies. At the time of writing, the gave final approval to Senator Jerry Hill late on: […] the control of communicable new draft law is still being debated. It has (D- San Mateo), who stated the approval is diseases, widespread diseases and partic- been slightly amended by the Council of “a huge win for our kids and the health of ularly dangerous diseases of humans and States, with the arguable claim that it is our communities throughout California.” animals; in particular, it shall prohibit all now compliant with the WHO’s Frame- California Governor Gavin Newsom forms of advertising for tobacco products work Convention on Tobacco Control signed the bill into law through a Zoom that reach children and young people.” (FCTC). Nevertheless, even with those ceremony with health advocates. new changes, Switzerland would still be This legislation is in response to the at the last place of the Tobacco Control tobacco industry targeting flavoured Scale in Europe for advertising bans. The tobacco products to young people and All articles written by Marita Hefler and draft law will be deliberated by the Swiss to people of colour. A study undertaken John Baker unless otherwise attributed. National Council in 2021. by the Centers for Disease Control and Ideas and items for News Analysis should The popular initiative is a civil society Prevention in 2018 found that 49% of be sent to [email protected]. response to the inaptitude of the political middle school students and 67% of high Tob Control November 2020 Vol 29 No 6 601 News analysis Tob Control: first published as 10.1136/tobaccocontrol-2020-056285 on 23 October 2020. Downloaded from school students who used tobacco prod- SPAIN: COVID-19 PROMPTS SMOKING higher risk of SARS- Cov-2 transmission ucts in the last 30 days had used flavoured REGULATION IN STREETS AND due to smoking in outdoor public places, tobacco products. More than half of youth TERRACES mainly because of the emission of drop- smokers ages 12–17 years smoke menthol Spain has been heavily affected by the lets and their diffusion with smoke or cigarettes, a higher rate than any other age COVID-19 pandemic. From the first other aerosols (in addition to the hand- group. Approximately 94% of African- diagnosed case on January 31 this year to mouth movements and manipulation of American youth smokers use menthol August 13, there were 337 334 cases, 129 face masks, and the risk of relaxing of tobacco products compared with 85% 009 hospitalizations and 28 605 deaths. distancing). Following this policy brief of African- American adult smokers. Phil After a growing number of daily cases of recommendation, and statements from Gardiner, co- chair of the national African coronavirus across the country in recent other scientific societies and profes- American Tobacco Control Leadership weeks, Spain is going to regulate smoking sional associations (national committee Council, stated that “The tobacco industry in public outdoor spaces such as streets on smoking prevention, society of public has lured our kids into addiction for too and terraces, based on the rationale that health, society of respiratory medicine, long, using menthol and other flavours… smoking can spread the virus. and the federation of physicians’ colleges) By signing…the Governor sent a strong Despite the Spanish tobacco control in early July the Ministry of Health recom- message to the tobacco industry that Cali- law already having a smoking ban in some mended avoiding tobacco consumption in fornia’s kids are off-limits.” outdoor areas, including schools, health- community and social settings. On July In response to the proposed bill, the care campuses and children’s playgrounds, 30, the NGO “ Nofumadores. org”, with tobacco industry ran a campaign that there is only a partial ban in terraces, 20 scientific societies, consumers organ- called the proposal discriminatory toward based on overall coverage and the number isations and health professional associa- Black and Latino adult smokers. Tobacco of walls. Smoking in open public places is tions, including the European Network companies sent mailers to voters’ homes very common in Spain, where 24 of the for Smoking and Tobacco Prevention urging them to tell their state representa- and ASH United States, sent a manifesto adult population smokes. The national tives to vote against the bill, and bought to the Minister of Health requesting the regulation of smoking in outdoor places print, television and online advertising urgent prohibition of smoking on terraces follows the initiative from the regional space.