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UICC Recommendations - "The Settlement"

UICC COMMITTEE ON INTERNATIONAL IMPLICATIONS OF THE U.S. DISCUSSIONS ON NATIONAL TOBACCO POLICY ("THE SETTLEMENT")
September 19, 1997

On 20 June 1997, the attorneys general of many states of the United States announced an agreement with the largest American tobacco companies intended to establish national tobacco control policies in exchange for limiting the industry's future legal liability. This proposal has been widely discussed both in the United States and in international forums. The provisions apply only to the United States but there are international implications, and the global tobacco control community is rightly concerned. President Clinton has both endorsed the principle of a national tobacco control policy and emphasised that federal tobacco control legislation must, among other things, "(strengthen) international efforts to control tobacco".

Regardless of whether these developments result in a US national tobacco control policy, in the 20 June proposed resolution the world's three largest transnational tobacco companies have agreed: to acknowledge "the predominant public health positions associated with the use of tobacco"; pay some compensation for the damages they have caused; and to restrict some of their marketing practices. UICC believes that the positions the industry has accepted fall short of the ideal and should be regarded as a minimum for tobacco control efforts throughout the world. For example, accepted provisions in the resolution include a ban on sports and cultural sponsorships; elimination of vending machine cigarette sales; and prominent and strong warning labels on tobacco products, such as "Cigarettes Are Addictive" and "Cigarettes Cause Cancer." They have also accepted product regulation, work place restrictions, and penalties for a failure to reduce youth smoking. The logical consequence of these concessions in the US is that these same companies cannot credibly oppose such policies elsewhere. UICC members can draw clear implications from this.

  • The UICC calls upon the governments of all countries to adopt tobacco control measures that are at least as stringent as those to which the industry has agreed in the 20 June proposed resolution.

    Developments leading up to this resolution in the US courts have served to inform the international tobacco control community about the industry's long-term knowledge and behaviour. This information has further de-legitimised the industry in the eyes of the public, but it is clear that there is much that is still undisclosed. The international community therefore has a continued interest in the release of further documents revealing what the industry has known about the health consequences of its products and how it has continued to aggressively promote them despite this knowledge.

  • The UICC urges the US government to ensure that legislation will not impede, and indeed will expedite, release of all tobacco industry documents that pertain to the industry's dishonest portrayal of its knowledge and practices.

    In restricting the industry's liability, the proposed resolution raises concerns that the legal rights of non-US victims may be infringed.

  • The UICC urges the US not to obstruct the rights of people and governments in other countries to pursue legal actions against the American industry.

    While consumption of cigarettes declines in the United States, the US-based multinational companies have expanded their marketing throughout the world. It is imperative that any US national tobacco control policy acknowledge the role of these companies' contribution to the growing worldwide epidemic of tobacco-induced disease. Just as United States national policy is intended to reduce nicotine addiction and protect American children, it should strive to reduce these same burdens on the world's children and adults.

    Toward this end, the UICC strongly endorses the recommendations of the Advisory Committee on Tobacco Policy and Public Health (the Koop-Kessler Committee) convened at the request of a bipartisan group of members of the US Congress. They are the following:

    1. The US should actively promote the global adoption of US domestic tobacco control policies through all appropriate international activities.
    2. The US should support the development and implementation of tobacco control activities by multilateral organisations, including the Pan American Health Organisation, The World Health Organisation, UNICEF, and the Framework Tobacco Control Convention.
    3. The US should support the development and implementation of tobacco control activities by non-governmental organisations.
    4. The US should support bilateral and multilateral treaties making the Framework Convention legally binding on all countries.
    5. The US should remove tobacco products from Section 301 of the 1974 Trade Act and should prohibit US government interference in international activities or the national tobacco control activities of other countries.
    6. The US should support the development of a non governmental International Tobacco Control Commission, governed by Public Health leaders. Such a Commission would (1) monitor international control efforts ; (2) develop uniform standards, review procedures, and provide support for non governmental organisations advocating tobacco control ; and (3) administer an international information exchange of all available tobacco industry documents.

    The UICC urges the Clinton administration and Congress to adopt in their entirety the proposals of the Koop-Kessler Committee that pertain to the international epidemic of tobacco-produced disease. The UICC calls upon the governments of all countries to support this objective by conveying its urgency to US government officials.

    We may be at the dawning of a new era in containing the tobacco pandemic. All countries throughout the world must work diligently on controlling their own epidemics within their own borders. At the same time, global co-operation will be essential to hasten the demise of what is increasingly becoming the world's leading cause of avoidable premature death. UICC believes that there is a challenge to senior politicians to control this industry's destructive and irresponsible behavior worldwide. It is the UICC view that current tobacco control policy is best pursued through comprehensive legislation.

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