Navigating Government Guidance: Tobacco Industry Engagement

As I was pondering what to write about this week, the subject of Trading Standard’s engagement with the tobacco industry came up in conversation.

As Trading Standards Officers, we’re often at the frontline of tobacco enforcement, whether that’s tackling illicit sales, advising retailers, carrying out underage test purchases or supporting Public Health initiatives.  But how we engage with the tobacco industry itself is tightly governed, and in my opinion, not discussed enough. Especially with trainee Officers.

The Department of Health and Social Care (DHSC) limits interactions between organisations, such as local authorities, and the tobacco industry.  They do so by setting clear expectations and rules that align with the requirements set out in Article 5.3 of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC).

To help organisations like ours, the UK Government’s Guidance for Government Engagement with the Tobacco Industry provides a clear framework for how public bodies should approach this challenge.

Why this guidance matters

There is a fundamental conflict between the tobacco industry’s interests and Public Health policy interests.  As such, interactions with the tobacco industry should be limited, transparent and strictly necessary.

The UK is a proud signatory to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), and Article 5.3 of the framework requires governments to protect Public Health policies from the commercial and vested interests of the tobacco industry.  So this guidance is the UK’s blueprint for meeting that obligation.

What we must not do

The guidance is clear on what’s off-limits:

• Do not accept funding or sponsorship from the tobacco industry, directly or indirectly.

• Do not endorse or partner with tobacco companies, even for “socially responsible” initiatives.

• Do not attend events organised or sponsored by the tobacco industry.

• Do not promote or support tobacco sales, investment or lobbying efforts.

When interaction is unavoidable

While every effort will be made to avoid face to face meetings with the tobacco industry, on rare occasions meetings, such as regulatory consultations or enforcement briefings, may be necessary.  In these cases:

• Keep it transparent.  Publish meeting minutes and correspondence.

• Stick to the agenda.  Keep things to the point.  Don’t go off-topic in your discussions.

• Document everything.  Ensure you record and publish all interactions.

• Ask.  Don’t be afraid to ask who is funding the meeting, who is attending and how interaction can be kept formal, structured and transparent.  Ask stakeholders to disclose any links to the tobacco industry.

  
  

Events

Trading Standards Officers are sometimes kindly invited to events by partner agencies, which provide fantastic opportunities for us to network and foster strong multiagency partnerships.  However, invitations to these events need to be monitored and as a responsible Trading Standards Officer, you need to ask questions such as “who is organising this event?” and “who is funding this event?” before attending.

Trading Standards Officers must not attend conferences or events which are organised by the tobacco industry.  Officers are permitted to attend non-tobacco industry funded events where there are tobacco industry representatives in attendance, but only if their attendance is for the purposes of:

• enabling effective regulation;

• gathering intelligence to support effective regulation; or

• protecting and improving public health

And lastly, if you are asked to speak at a conference or event where the tobacco industry is in attendance, you should always clearly set out the government’s responsibilities under Article 5.3 in your presentation.

Tools and support

So whilst that sounds a little scary to some, there is help out there.  The Department of Health and Social Care (DHSC) offers support to help public bodies comply with Article 5.3.  They recommend using resources like the Tobacco Tactics website to identify industry affiliations and potential conflicts of interest.

Additionally, it is important that all Trading Standards Officers have read and understand the Government’s Guidance for Government Engagement with the Tobacco Industry.  Regularly check for updates and ensure you are aware of your obligations.

Final thoughts

Our role as Trading Standards Officers allows us to engage with many different organisations, brands and partner agencies. But it is important to remember that there are strict limitations when it comes to engaging with the tobacco industry.As a general rule, engagement is not allowed, however there are some exceptions with safeguards put in place.It is really important for all Trading Standards Officers to ensure they have not only read the guidance, but have understood the rules it places upon us.  This guidance reinforces the importance of due diligence when engaging with businesses or stakeholders, ensures transparency in our tobacco enforcement work and helps to uphold public trust by avoiding the appearance of industry influence.

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Further Reading:

Guidance for government engagement with the tobacco industry – GOV.UKWHO Framework Convention on Tobacco ControlHome – Tobacco TacticsSixty-fifth Regional Committee for Europe: Vilnius, 14–17 September 2015: roadmap of actions to strengthen implementation of the WHO Framework Convention on Tobacco Control in the European Region 2015–2025: making tobacco a thing of the past