World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) Article 5.3
Key article aimed at protecting public health policy from the influence of the tobacco industry.
- WHO FCTC adopted 21 May 2003; UK ratified in 2004, becoming a Party to the FCTC subject to its provisions.
- Article 5.3 requires that “in setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law”.
Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control
Implementation guidelines for Article 5.3 were adopted in 2008 which are applicable to government officials, representatives and employees of any national, state, provincial, municipal, local or other public or semi/quasi-public institution or body within the jurisdiction of a Party, and to any person acting on their behalf. The guidelines recommend that Parties to the FCTC such as the UK to:
- Raise awareness about the addictive and harmful nature of tobacco products and about tobacco industry interference with Parties’ tobacco control policies.
- Establish measures to limit interactions with the tobacco industry and ensure the transparency of those interactions that occur.
- Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry.
- Avoid conflicts of interest for government officials and employees.
- Require that information provided by the tobacco industry be transparent and accurate.
- Denormalize and, to the extent possible, regulate activities described as “socially responsible” by the tobacco industry, including but not limited to activities described as “corporate social responsibility”.
- Do not give preferential treatment to the tobacco industry.
The UK was ranked number 3 in the world by the Global Tobacco Industry Interference Index 2021 for Article 5.3 implementation. However, implementation across government is not consistent, see below.
Protocol for engagement with tobacco and nicotine producers
Published in 2016 by OHID’s predecessor, Public Health England, it commits to publishing all correspondence and minutes of meetings held between itself and stakeholders with links to the production of tobacco and nicotine products.
PHE documents are available online. DHSC documents are not regularly published.
HMRC guidance on Article 5.3, November 2019
The guidance states that, “HMRC should limit interactions with the tobacco industry, including any person or organisation that is likely to be working to further the interests of the tobacco industry, and that HMRC should:
- Establish measures to limit interactions with the tobacco industry and ensure the transparency of those interactions that occur.
- Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry.
- Avoid conflicts of interest for government officials and employees.
HMRC publishes limited details of meeting with tobacco stakeholders online. HM Treasury does not report meetings currently.
United Kingdom’s revised guidelines for overseas posts on support to the tobacco industry
Guidance for British overseas posts for following WHO FCTC Article 5.3 in dealings with tobacco industry was updated in 2013. PQ response UIN 249959 on 8 May 2019 stated that, “the Foreign and Commonwealth Office issues guidance annually to all staff on limiting support to the tobacco industry to ensure FCTC compliance. We do not hold a central record of staff meetings with third parties”.
Other Government Departments have less regular contact with the tobacco industry.
Defra engagement with the tobacco industry on litter in 2020 is available online.
See also annual UK Tobacco Industry Interference Index.