Implementation of pictorial health warnings on cigarette packs in Sri Lanka and the tobacco industry interferences

Abstract

INTRODUCTION & OBJECTIVES: Ceylon Tobacco Company (CTC), legally challenged the government's initiative on 80% of the pictorial health warnings (PHW) on cigarette packs. After several rounds of Appeal and Supreme Court hearings, the judgement was given to implement PHWs, but reducing its size to 60%. However, as the then Minister of Health was later elected the President the 80% PHWs got implemented through a parliamentary decision. Our study aims to describe the tobacco industry interference during this process. METHODS: Investigative research techniques were used. Media reports, court reports, web content and research articles collected through snow-ball sampling were reviewed using content analysis. RESULTS: Strategies recognised were: alleged bribery by CTC; alleged interference in the legal and policy process through high-ranking politicians including the Head of State; influencing stakeholders and public via industry favourable academic publications and media reports; and influencing business community via industry favourable discussion forums. Main arguments used were: Minister of Health not possessing the legal power to enforce such a law; PHWs violating the company's intellectual property rights related to trade names and branding; unproven effectiveness of PHWs; and inadequate time availability for implementation. The only front group visible was the media, which repeatedly published arguments against PHWs favouring tobacco industry. The industry ultimately managed to delay the PHW implementation by 23 months and to reduce its extent to 60%. They managed to delay the original 80%-PHW implementation by 29 months. CONCLUSION: The tobacco industry interference misled the policy makers and the public, delaying implementation of PHWs for more than two years.