Industry watch Tob Control: first published as 10.1136/tobaccocontrol-2020-056419 on 14 April 2021. Downloaded from Tobacco industry corporate social responsibility activities amid COVID-19 pandemic in India Amit Yadav ,1 Pranay Lal,1 Renu Sharma,1 Ashish Pandey,2 Rana Jagdeep Singh1 ► Additional supplemental In India, nearly 29% of adults (over 42% of men all large companies to spend at least 2% of their material is published online and 14% of women) aged 15 or above use tobacco average net profit in the previous 3 years on CSR only. To view, please visit the daily or occasionally.1 Out of 100 million smokers, activities permissible under the Schedule VII of the journal online (http:// dx. doi. 15 org/ 10. 1136/ tobaccocontrol- nearly 40 million smoke cigarettes. ITC (British Act (online supplemental table S1). 2020- 056419). American Tobacco’s India affiliate) dominates the This conflict between the Companies Act and 1 Indian- manufactured cigarette market with 77% the provisions of COTPA and the FCTC’s recom- Tobacco Control Division, market share,2 while Godfrey Phillips India (Phillip International Union Against mended ban on tobacco industry CSR activities was Tuberculosis and Lung Disease, Morris International’s India affiliate) controls 13% presented in 2016 before the Madras High Court 3 New Delhi, Delhi, India of the market. In terms of volume, however, bidi by the Tamil Nadu Peoples’ Forum for Tobacco 2 Tobacco Control Division, (also beedi, a forest tree leaf hand- rolled indigenous Control, a Chennai- based tobacco control group.16 International Union Against cigarillo using sun- cured flaked tobacco) dominates In response, the Ministry of Health and Family Tuberculosis and Lung Disease, the smoking landscape. In 2014, it is estimated that Welfare constituted a nine- member interministerial New York, New York, USA 4 nearly 550 billion bidis were made by women and panel to devise a mechanism to prevent the tobacco 5 Correspondence to children in the poorest parts of India. industry from deriving promotional benefits from Dr Amit Yadav, Tobacco Control In addition, nearly 200 million adults use their Companies Act-required CSR activities.17 On 1 Division, International Union smokeless tobacco (SLT). SLT is the most widely 16 May 2016, the Ministry of Corporate Affairs Against Tuberculosis and Lung consumed tobacco product in the country that is Disease, New Delhi, Delhi issued a circular clarifying that all companies, while 110016, India; homemade, largely unregulated, untaxed and sold undertaking CSR activities, shall not contravene amit. yadav@ theunion. org locally. About 30% of the SLT market consists any existing laws including COTPA.18 This effec- of commercially manufactured products, where tively meant that all companies while doing CSR Received 10 December 2020 Dharampal Satyapal Group (DS Group) enjoys a must conform to the ban on direct and indirect copyright. Revised 18 January 2021 large market share.6 Accepted 26 January 2021 advertising, promotion and sponsorship of tobacco Historically, the Indian tobacco industry has products. spent large sums in aggressively marketing and 7 Funding disaster relief is one of the important advertising its products. With the coming into aspects of tobacco industry’s CSR efforts, including force of the Cigarettes and Other Tobacco Products during droughts,19 floods,20 cyclone,21 earth- Act, 2003 (COTPA), however, all forms of direct quake22 and tsunami22 situations. On 30 January and indirect tobacco advertising were prohibited in http://tobaccocontrol.bmj.com/ 8 2020, Kerala became the first state with the first India. In particular, section 5, clause 3, subclause COVID-19- positive case. As of 26 November 2020, (b) of COTPA prescribed that: COVID-19 has killed 141 772 individuals in India, No person, shall, under a contract or otherwise while infecting 9 625 599 others.23 This Industry promote or agree to promote the use or Watch illustrates how tobacco companies have consumption of…(b) any trade mark or brand exploited the COVID-19 pandemic to build their name of cigarettes or any other tobacco product socially responsible corporate image and discusses in exchange for a sponsorship, gift, prize or how this use of CSR threatens tobacco control scholarship given or agreed to be given by another 24 25 8 progress made in India. person. An online search of national and regional news- papers, including online news outlets, using tobacco Article 13 of the WHO Framework Conven- on September 30, 2021 by guest. Protected tion on Tobacco Control (WHO FCTC)9 considers company names yielded 53 news reports of CSR corporate social responsibility (CSR) activities to activities undertaken by Indian tobacco compa- be a form of tobacco advertising and recommends nies between March 2020 and June 2020 (online its prohibition by all Parties to the Treaty.10 In the supplemental table S2). Based on the specific activ- corporate world, CSR is understood as a manage- ities and events from the search results, we further ment concept through which companies achieve looked at social media accounts related to the key © Author(s) (or their a balance of economic, environmental and social names and events for any mention of the CSR activ- employer(s)) 2021. No imperatives when addressing the expectations of ities by such tobacco companies. commercial re- use. See rights 11 Overall the Indian tobacco industry committed and permissions. Published shareholders and stakeholders. WHO considers by BMJ. the tobacco industry and corporate responsibility about US$36.7 million in donations to various as inherently contradictory12 because the core func- government funds, including the ‘Prime Minister’s To cite: Yadav A, Lal P, tions of these companies are in direct conflict with Citizen Assistance and Relief in Emergency Situ- Sharma R, et al. Tob Control 13 Epub ahead of print: [please public health. However, while COTPA completely ations Fund’ (PM CARES Fund) of the Govern- include Day Month Year]. prohibited any form of direct and indirect adver- ment of India and the Chief Minister’s Relief doi:10.1136/ tisement, the Government of India revised the Fund of different state governments in the country tobaccocontrol-2020-056419 country’s Companies Act in 201314 and required (table 1). Yadav A, et al. Tob Control 2021;0:1–4. doi:10.1136/tobaccocontrol-2020-056419 1 Industry watch Tob Control: first published as 10.1136/tobaccocontrol-2020-056419 on 14 April 2021. Downloaded from Table 1 CSR activities by tobacco industry in India during COVID-19 Amount (US$, Name of company in 000) Type of support Partners Donation to PM CARES Fund ITC 13 212 PM CARES Fund Government of India Dharampal Satyapal 2642 PM CARES Fund and other organisation fighting against Government of India; Gurudwara Prabandhak Samiti coronavirus Donation to Chief Minister’s Relief Fund Deccan Tobacco Company 33 Andhra Pradesh Chief Minister’s Relief Fund Government of Andhra Pradesh ITC 264 Karnataka Chief Minister’s Relief Fund Government of Karnataka ITC 264 Tamil Nadu Chief Minister’s Relief Fund Government of Tamil Nadu ITC 264 Maharashtra Chief Minister’s Relief Fund Government of Maharashtra VST Industries 132 Telangana Chief Minister’s Relief Fund Government of Telangana Donation to health and hospital administration Gujarat Tobacco Merchants 24 Portable ventilator machines Kheda Government Civil Hospital, Gujarat Association ITC In kind Support Bharat Heavy Electricals (BHEL) to operationalise a 30- BHEL is a public sector undertaking bed temporary centre for COVID-19 in Haridwar, Uttarakhand Donation to administration Godfrey Phillips India In kind Masks for front- line COVID-19 workers in Srinagar Srinagar District Administration Godfrey Phillips India In kind Personal protective equipment to Inspector General of Police Jammu and Kashmir Police Department Kashmir for use among the police staff Awareness targeting kids and women ITC In kind Awareness among kids about the five steps to prevent the Green Gold Animations, the creator of cartoon series Chhota Bheem spread of COVID-19 brings out the ‘Do the 5’ song ITC In kind Awareness on handwashing with the state government of Kerala Government of Kerala to help ‘Break the Chain’ ITC In kind Salutes mothers with ‘Stay Strong Moms’ campaign through Leading singers of the Indian film industry virtual music concert Essential commodities and food items ITC In kind Food and hygiene essentials across 17 states of India State, district, local administration, ‘Child Rights and You (CRY), SOS copyright. Children’s Village India and other NGOs ITC In kind Distribution of milk for children in Kolkata Save the Children India, The Hope Foundation India and SOS Children’s Villages of India ITC In kind Distribution of free meals and groceries Government of Telangana ITC In kind Help customers order grocery essentials Domino’s, Zomato, Dunzo, Swiggy, Apna Complex, MyGate, NoBroker and Azgo ITC In kind Juices and soaps for the police department in Srinagar Jammu and Kashmir Police Department http://tobaccocontrol.bmj.com/ ITC In kind 17 000 refreshment kits containing fruit juice, milkshake and Municipal Corporation of Greater Bengaluru chocolates for corona warriors in Bengaluru Self- administered contingency fund ITC 19 817 COVID-19 contingency fund for vulnerable sections of society State, district and local administration besides NGOs CSR, corporate social responsibility; NGOs, non- governmental organisations; PM CARES Fund, Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund. ITC was the biggest cash and in kind CSR contributor during organisations, celebrities and trade groups, as part of the CSR this period. These CSR contributions by various tobacco compa- collaboration during COVID-19 (table 1).34 35 nies were publicised in leading newspapers and mentioned on While such contributions may have been welcome during a high- profile Twitter accounts, including from the Twitter handle crisis, tobacco companies benefited by using the CSR to enhance on September 30, 2021 by guest. Protected of the Prime Minister of India26 and his Cabinet colleague and their corporate brand in violation of COTPA.