Challenges in the implementation of the National Tobacco Control Law in Argentina
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Centro de Estudios de Estado y Sociedad (CEDES), Argentina
Publication date: 2018-03-01
Tob. Induc. Dis. 2018;16(Suppl 1):A100
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ABSTRACT
Background and challenges to implementation:
In Argentina the National Tobacco Control Law sanctioned
in 2011bans advertising with the exception of point of sales. The federal
organization of the country, the lack of appropriate administrative resources and
tobacco industry tactics contributed to fail in the implementation and
enforcement of the ban.
Intervention or response:
In 2013 several directorates and undersecretaries of
the Ministry of Health involved in the enforcement of the national law were
brought together by the head of the national tobacco control program to build
an administrative and legal procedure assigning responsibilities and
competences for the inspection and sanction of the law that until that moment
were not among the roles of none of them.
Results and lessons learnt:
After 6
months deliberating the best and legal approach for the enforcement of the law,
the Ministerial Resolution 425/2014 was sanctioned by the Minister. The
availability of a legal resolution that assigned concrete roles to the parties
involved led to the sanction of more than 300 citations and fines during 2014.
This new proceeding generated a reaction in the tobacco industry that firstly
asked for audiences with authorities of the Ministry of Health and then started
to impugn the fines. There was a political will of continuing with the
enforcement and none of the industry claims were heard. Since then, tobacco
industry had to recur to ordinary justice that rejected their claims too. The
start-up of this proceeding generated a change in the pattern of tobacco
industry advertising that migrated from full-color billboards to the display of
cigarette packs only at point of sales.
Conclusions and key recommendations:
While
advocates should fight for improving the law and a complete ban on advertising
in Argentina is necessary to take advantage of the resources we already have
and guarantee the enforcement of current law.