An attempt to cancel tobacco advertising in Russia has so far failed
On World No Smoking Day , celebrated on May 31, many events and forums were held on the dangers of tobacco smoke. Despite the fact that many countries have introduced serious restrictions on the sale and consumption of tobacco products, a ban on tobacco advertising and, in some places, a ban on smoking in public places , Russian legislation is still relatively favorable to smokers and manufacturers of tobacco products. As a kind of compromise between smokers and non-smokers, Russian legislators imagine a situation where tobacco is not prohibited, you can smoke it, but you cannot talk about it: that is, a ban on its advertising. In this regard, regional deputies have advanced significantly further than federal deputies, who are limited in their actions by industry lobbyists. The Samara Duma, in particular, this week first banned tobacco advertising, and then was forced to repeal its own law.
The history of the temporary victory of anti-tobacco lobbyists over advertisers began with the fact that the Samara Provincial Duma adopted the bill “On the prohibition of advertising of tobacco, tobacco products and smoking accessories in the Samara region.” Attempts to pass similar laws were made by other regional legislative assemblies, but Samara deputies turned out to be the most consistent. Their law not only prohibited any tobacco advertising in the region, but also prescribed a ban on smoking in all public places, as well as in government institutions. Commenting on the adoption of the law, Chairman of the Samara Provincial Duma Viktor Sazonov said that the Duma intends to submit a similar initiative to the State Duma of Russia.
However, a couple of days later, Samara deputies were forced to repeal their law. Ironically, this happened on the eve of World No Smoking Day. The regional prosecutor's office considered the law inconsistent with federal legislation and went to court. By decision of the regional court, the law was found to be contrary to the federal law “On Advertising.”
At the regional level, the issue is thus settled. Regional legislation should not contradict federal legislation. However, at the federal level, the issue of banning tobacco advertising has been raised more than once.
There is no law in Russia yet that completely prohibits advertising of tobacco products. But the State Duma periodically returns to the topic of a total ban on tobacco advertising. A law restricting tobacco advertising was “almost” passed in 2003. Then it was planned not only to gradually limit the advertising of tobacco products up to its complete ban, with the exception of specialized publications and stores. It was also planned to oblige cigarette manufacturers to place public service announcements about the dangers of tobacco in proportion to the cost of sold tobacco products.
The new version of the advertising law, which came into force last year, introduced serious restrictions on advertising of tobacco and smoking accessories. Advertising must not imply that smoking is important for achieving social acceptance, professional or personal success, and cigarette advertising must not condemn abstinence or appeal to minors. Advertising of tobacco publications should not be placed in television and radio programs, in printed publications intended for minors, audio and video products, on the first and last pages of newspapers and magazine covers. Outdoor tobacco advertising and advertising on all types of public transport are prohibited.
Advertisers and tobacconists have accepted and mastered the rules of the game. Since outdoor tobacco advertising was banned, billboards have been installed in the subway. Cigarettes are advertised on the Internet, in print media, and during promotions. But the confrontation between the anti-tobacco lobby and advertisers continues. The last time the topic of a total ban on tobacco advertising was discussed was last winter, but then deputies decided that a ban on tobacco advertising would deprive the consumer of the right to information about the product.
In a number of countries where tobacco advertising is prohibited , even in stores it is no longer possible to put packs of cigarettes on the counter and recommend a particular brand to the buyer. The buyer must ask himself whether certain cigarettes are on sale. The seller can only answer “yes” or “no” and name the price. Iceland has completely banned the display of tobacco products in retail establishments; in Australia it is partially prohibited; only the lower part of the pack (bottom) can be shown, and the total display area of all brands of cigarettes should not exceed 1 square meter. m for grocery stores or 3 sq. m for specialized tobacco shops. In this case, the size of the warning about the dangers of smoking should be A4 for 1 sq. m and A3 for 3 sq. meters.
Some types of advertising communications addressed to adult smokers should continue to exist, market participants believe. Philip Morris Sales and Marketing believes that cigarette advertising should be limited to ensure that children are not exposed to it, but that some types of advertising are appropriate and even necessary in a competitive market environment. “This is why we consider a complete ban on cigarette advertising to be excessive, although we advocate serious restrictions on advertising,” says Irina Bakhtina, media relations manager at Philip Morris Sales and Marketing. “Communication in retail businesses is important to maintain competition at a serious level. Since communication occurs exactly where adult smokers can directly obtain information about a particular product and decide which brand is best for them to buy. This could be advertising campaigns and messages at points of sale, direct communication with adult cigarette consumers in places with secured access control,” she believes.
Whether a ban on tobacco advertising will be introduced is rather a political question. In the pre-election year, nothing is impossible, and an example of this is the intention to limit the sale and consumption of beer. As they say in the State Duma Committee on Economic Policy, banning tobacco advertising is the least the state can do to limit smoking if it is unable to carry out effective smoking prevention or even radically raise excise taxes to increase the price of tobacco products. Cigarettes in Russia are so cheap that they are available to everyone without exception .