6 Limiting interactions with the tobacco industry

The FCTC Article 5.3 Guidelines state that 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 or policy that directly regulates the tobacco industry and tobacco products.

Meetings with politicians should as a main rule not be regarded as «necessary» as such meetings will automatically deal with policy issues. Meetings with the government should as a main rule only be held if necessary and on a technical level.

Any consultations with the tobacco industry on matters related to tobacco control or public health should wherever possible be public, accountable and transparent. The Nordic countries recommend that whenever possible, information about meetings, consultations and other communications with tobacco industry and its representatives regarding policy issues, should be publicly available. This can be achieved in different ways, such as, but not limited to, information on the relevant organisation’s website or in a registry for the relevant public authority.

Levels of interaction with the tobacco industry will vary from entity to entity. For some, interactions would be highly unusual. Entities that wish to further make sure that their interactions with the tobacco industry is limited to what is necessary should apply one or more of the following restrictions, as appropriate:

• Have more than one official present at any meeting.
• Have communication in writing and for email interaction, other officials should be on copy.
• Ensure to take minutes/written summary of all meetings or interactions, with sufficient detail to establish, at a minimum:
• the date, location, nature and method of the interaction or contact
• the names of the parties and individuals involved
• the matters discussed or considered and any decisions taken
• any follow up activity planned or anticipated.
• Do not agree to side meetings or accept invitations to social events or hospitality, such as offers for lunch, product or gifts.
• Do not engage in any interaction that creates the perception of cooperation.

Other agencies will need to have ongoing contact with the tobacco industry, for example, to ensure the effective administration of and compliance with legislation. These agencies should ensure that interactions are limited to those that are necessary by applying the principles outlined in this Guide as appropriate, for example:

• Limit the opportunities that the tobacco industry has to influence, undermine or defeat tobacco control policies.
• Stay mindful that the tobacco industry may have disguised objectives in conducting otherwise routine interactions.
• Stay mindful that entities may have disguised connections to the tobacco industry.
• If the tobacco industry or its representatives request a meeting, ask for topics in advance to facilitate an assessment of whether a meeting is «strictly necessary».
• No topics outside of the agenda should be discussed during the meeting.
• Ensure other members of your team are kept aware of meetings and interactions with the tobacco industry. Never interact with the tobacco industry alone.

These agencies should also ensure that staff members are aware of Article 5.3 and are mindful of any interactions that are out of the ordinary.

This Guide does not replace or detract from existing legislative and regulatory requirements on government agencies and individual public officials to maintain secrecy, confidentiality and privacy.