Article Text

Tobacco industry interference with tobacco control policies in Poland: legal aspects and industry practices
  1. Łukasz Balwicki1,
  2. Michał Stokłosa2,
  3. Małgorzata Balwicka-Szczyrba3,
  4. Wioleta Tomczak4
  1. 1Department of Public Health and Social Medicine, Medical University of Gdansk, Gdańsk, Poland
  2. 2Economic and Health Policy Research, American Cancer Society, Atlanta, Georgia, USA
  3. 3Department of Civil Law, University of Gdansk, Gdańsk, Poland
  4. 4Department of Oncological Propedeutics, Medical University of Gdansk, Gdańsk, Poland
  1. Correspondence to Michal Stoklosa, Economic and Health Policy Research, American Cancer Society, 250 Williams St Atlanta, GA 30303, USA; michal.stoklosa{at}cancer.org

Abstract

Background Since 2006, when Poland ratified the WHO Framework Convention on Tobacco Control (FCTC), there have been efforts to improve tobacco control regulation in the country. At the same time, at the European Union level, Poland took part in discussions over revision of the Tobacco Tax Directive and the Tobacco Products Directive. This study aims to explore the tobacco industry's tactics to interfere with the creation of those policies.

Methods Analysis of 257 documents obtained through freedom of information request.

Results We identified three means that the tobacco industry used to interfere with tobacco control policies: creating a positive attitude, expressing a will to be a part of the policymaking process, and exerting pressure. We found that those tactics have often been used unethically, with the industry providing the government with ready legislation proposals, overstating its contribution to the economy and the government revenues, misrepresenting the illicit cigarette problem and misusing scientific evidence. The industry also used legal threats, including use of bilateral trade agreements, against implementation of tobacco control measures. The companies lobbied together directly and through third parties, with the cigarette excise tax structure being the only area of disagreement among the companies. The industry also pushed the Polish government to challenge tobacco control policies in countries with stronger public policy standards, including UK display bans and the Australian plain-packaging law.

Conclusions From an object of regulation, the tobacco industry in Poland became a partner with the government in legislative work. Implementation of provisions of Article 5.3 of the WHO FCTC could prevent further industry interference.

  • Tobacco industry
  • Tobacco industry documents
  • Public policy

This is an Open Access article distributed in accordance with the Creative Commons Attribution Non Commercial (CC BY-NC 4.0) license, which permits others to distribute, remix, adapt, build upon this work non-commercially, and license their derivative works on different terms, provided the original work is properly cited and the use is non-commercial. See: http://creativecommons.org/licenses/by-nc/4.0/

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  • Abstract in Polish

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