What is the Framework Convention On Tobacco Control?

In 1999, world nations began negotiating a tobacco control treaty to counter the marketing and political influence of the tobacco industry. Known as the Framework Convention on Tobacco Control (FCTC), this treaty would establish an international standard that addresses advertising, smuggling, tobacco taxes, passive smoking and rules on labeling and packaging. Delegates approve the treaty in May of 2003.

Why is it necessary?

As tobacco regulations increase and smoking rates decline in developed nations, the tobacco industry has aggressively turned to developing countries to find new customers. The international community needs a strong, consistent treaty to protect human health through proven methods and policies.

The World Health Organization estimates that smoking-related deaths will increase from four million this year to 10 million each year by 2025. Approximately 70 percent of those killed will be from developing countries in Asia, Africa, Latin America and Eastern Europe.

What is the US's position on the treaty?

While the majority of nations (110) are committed to a strong FCTC that prioritizes public health over profits, the US is a rare exception. The positions taken by US delegates is more aligned with those of Philip Morris than with our many allies and trading partners. Key provisions the US does not support include:

1. A total ban on tobacco advertising.
2. Prohibiting the use of deceptive terms like "light" and "mild."
3. Language in the FCTC that favors "health" over "trade."
4. Language that requires a minimum warning size of 50 percent of the top front and bottom of the package.

During the October 2002 negotiations, the US delegation stubbornly blocked a total advertising ban. They claimed a ban "violated the First Amendment," although the treaty language allowed for individual countries to use their own constitutions to ban advertising in the interest of health.

Why does the US oppose a strong tobacco treaty?

US-based tobacco companies have an enormous financial stake in making the FCTC a weak treaty. Two-thirds of their sales and nearly half of their profits come from overseas sales.

US smoking rates are on the decline, and only 5 percent of the world's smokers are Americans. Conversely, smoking in developing countries is rising dramatically, and US tobacco companies are eager to keep these markets free of the restrictions in place in the US.

What would be the result of a weak FCTC?

The tobacco industry has already used other international treaties and trade agreements in lawsuits to undermine marketing and trade restrictions in other countries. (click here for examples) When international treaties have weaker standards on tobacco than policies already in place in individual countries such as the US, Big Tobacco claims that these existing policies violate the new treaty and take legal action . A weak FCTC will allow Big Tobacco to sue governments like the US with stricter policies and may actually roll back progress we have made.

If the US successfully weakens the treaty, smoking rates in developing nations-especially amongst minors-will continue to skyrocket, costing the international community millions in lives and health care dollars.

What can I do?

Final FCTC negotiations before the World Health Assembly votes on the FCTC in May will take place between February and March 2003. It is imperative that tobacco control advocates voice their support for a strong FCTC to the U.S. delegations prior to the last negotiation session.