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Tobacco Control Statute Law Amendment Act, 2005
As of May 31, 2006, the Tobacco Control Statute Law Amendment Act, 2005 would prohibit the promotion of tobacco products through product association, product enhancement or promotional materials (e.g., decorative panels, promotional lighting). Cigarettes would be displayed in individual packages only, as opposed to cartons. In addition, the countertop display of tobacco products and the handling of these products by the customer before buying them would be banned at that time. All displays of tobacco products would be banned two years later, on May 31, 2008.
Evidence
- The point-of-sale display has become the most important marketing tool for tobacco companies. According to the Canadian Cancer Society, tobacco companies spent approximately $88M in 2003 on payments to Canadian retailers.
- In-store advertising materials may increase smokers' daily consumption, reduce smokers' resolve to quit, and encourage former smokers to resume smoking.1
- Studies show that the more children and youth are exposed to point-of-sale advertising and promotions, the more likely they are to smoke.2
Experiences in other jurisdictions
Canada - Tobacco Act
- The federal law bans self-service displays of tobacco.3 To date, the federal government has not exercised the authority granted in the legislation to pass regulations regarding the display of tobacco products.4
Canadian provinces
- Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Nunavut have some level of prohibitions of the retail display of tobacco products.
- In 2001, Saskatchewan became the first Canadian jurisdiction to ban the visible display of tobacco products in retail outlets accessible to minors. This ban was in effect from October 2002 to March 2004, when the Saskatchewan Court of Appeal struck down the section of the Act as being unconstitutional1 in March 2004.5 On January 19, 2005, the Supreme Court of Canada upheld the Saskatchewan law to ban displays of tobacco and found that the law was not in conflict with the federal Tobacco Act. Manitoba and Nunavut were waiting for the outcome of this decision before putting their own sections of legislation into force on this same issue.
- Manitoba has passed legislation that bans the display of tobacco products in retail stores that are accessible to people 18 years old or younger; however, this provision will not be enforced until August 15, 2005.2
- Nunavut has passed legislation that bans the advertisement and display of tobacco products in retail stores except under circumstances that may be prescribed in regulations.3
- New Brunswick and Nova Scotia ban countertop displays of tobacco products.4
Internationally
- Ireland bans self-service sales of tobacco products and restricts the display of tobacco to one package or picture of each tobacco product for sale. 6 This provision has not been implemented, as it is pending legal challenge by tobacco companies.
- Australia, in some of its states, regulates the size of tobacco displays, where the displays can be located, as well as the lighting and use of other devices that may draw attention to the displays.5
- New Zealand limits the number and size of displays that are allowed for tobacco products.6
- The point of sale regulations were laid in March 2004 for the United Kingdom but are currently subject to a judicial review, following a legal challenge by the tobacco industry.7
References
- Warner K.E. Selling smoke: cigarette advertising and public health. Washington, CD: American Public Health Association, 1986.
- Henrisken, L., Feighery, E.C., Wang, Y., Fortmann, S.P. (2004). Association of retail tobacco marketing with adolescent smoking. American Journal of Public Health, 94(12): 2081-2083.
- Government of Canada. Tobacco Act: Chapter T-11.5 (1997, c.13) [36 screens]. Accessed: April 18, 2005.
- Government of Canada. Tobacco (Access) Regulations SOR/99-93 [4 screens]. February 1999. Accessed: April 15, 2005.
- Tilson Consulting. Restrictions on the display of tobacco products [PDF - 74 pages]. Prepared for: Smoke-Free Nova Scotia. August 2004. Available from: . Accessed: April 18, 2005.
- New Zealand Ministry of Health. Information for retailers [7 screens]. Accessed: April 18, 2005.
- Action on Smoking and Health. The UK ban on tobacco advertising. [5 screens]. Accessed: April 18, 2005.
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