4 Who is the tobacco industry?
The tobacco industry should not be in a position to influence the implementation of tobacco control measures and policies.
Consultation with the tobacco industry should be limited to what is necessary for public officials or agencies to enact effective tobacco control measures. This includes the development of law to enact policy that directly regulates the tobacco industry and its products.
For the purposes of this Guide, taking into account FCTC Article 1 and Article 5.3 and its guidelines, the following definition applies:
«Tobacco industry» means tobacco manufacturers, wholesale distributors, and importers of tobacco products. In addition, the term «tobacco industry» includes tobacco growers, associations or other entities representing any of the above, as well as industry lobbyists.
The FCTC Article 5.3 also concerns protection against interference from those working to further the interests of the tobacco industry. Examples are retailers of tobacco products or related products when they further the interests of the tobacco industry, interest groups, lobbyists, think tanks, advocacy organizations, lawyers, researchers, companies or foundations that represent or work to promote the interests of the tobacco industry.
It can sometimes be difficult to recognize the tobacco industry and those working to further its interests, but be cautious of who is contacting you regarding tobacco issues. The University of Bath has created a website which includes the possibility to search companies and products for tobacco industry links: https://tobaccotactics.org/topics/companies-products/. If you are in doubt of whether a company or a person is part of or representing the tobacco industry, you may contact your Ministry of Health.
Each Nordic country will take into account, that according to the FCTC Article 5.3 guidelines, parties should require rules for the disclosure or registration of the tobacco industry entities, affiliated organizations and individuals acting on their behalf, including lobbyists.
Inclusion of new and emerging products in Article 5.3 obligations
In recent years, there has been increasing integration between the tobacco industry and manufacturers of other products, even the pharmaceutical industry.
In December 2023 the WHO called to action on e-cigarettes – that urgent and strong decisive action to prevent uptake of e-cigarettes, which are harmful to health, should be taken to protect children, as well as non-smokers and minimize health harms to the population.3
The Nordic countries find that it is consistent with the requirements of Article 5.3 to extend the obligation to protect tobacco control policies from commercial and other vested interests of the tobacco industry to new and emerging products, such as e-cigarettes, nicotine pouches, herbal products and heated tobacco products.
For the purpose of this Guide, when we refer to «tobacco industry», the term is meant to include tobacco industry and all those working to further its interests, also when it comes to novel and emerging tobacco and nicotine products and other related products.