Tobacco Control Legal System Based on Environmental Protection Law Under the Background of Framework Convention on Tobacco Control

2021 ◽  
Vol 7 (4) ◽  
pp. 457-468
Author(s):  
Yang Liu
Keyword(s):  
Control System ◽  
Environmental Protection ◽  
Tobacco Control ◽  
Legal System ◽  
Development Trend ◽  
Public Places ◽  
Tobacco Products ◽  
Starting Point ◽  
Administrative Rules ◽  
Health Rights

Objectives: This paper studies the legal system of tobacco control based on environmental protection law under the background of the Framework Convention on tobacco control. Methods: Using the research methods of comparative analysis and literature analysis, and taking the tobacco control law as the starting point, this paper expounds the development of global tobacco control civilization and the historical process of tobacco control at home and abroad. By analyzing the problems existing in the production, sales and consumption of tobacco products in China, we can trace the source in the specific links of the life cycle of tobacco products. At the same time, this paper systematically analyzes the defects of China's tobacco control system in taxation and private rights, and summarizes the shortcomings of China's tobacco control system. Results: Many cities have begun to try to enact non-smoking regulations to control smoking in public places. China's deficiencies in this regard are mainly due to the low level of relevant laws and regulations, which are basically local laws and administrative rules. The second is the problem of implementation, resulting in the inadequate or virtual implementation of many laws. Conclusion: From the development trend of various countries, the view of respecting others' health rights and gradually banning smoking has gradually become everyone's consensus. The consolidation of this understanding needs the support of laws to form a set of nonsmoking system with national laws as the core and administrative rules and local regulations as the supplement. Rights and responsibilities are clear, and rewards and punishments are based on evidence. Only in this way can we ensure to reduce the smoking rate, protect everyone's health, and finally form a good atmosphere of no smoking and no respect for smoking in the whole society.

scholarly journals Tobacco Control Litigation: Broader Impacts on Health Rights Adjudication

2013 ◽  
Vol 41 (1) ◽  
pp. 147-162 ◽  
Author(s):  
Oscar A. Cabrera ◽  
Juan Carballo
Keyword(s):  
Tobacco Control ◽  
Global Economy ◽  
Smoking Prevalence ◽  
Tobacco Industry ◽  
Control Measures ◽  
Public Places ◽  
Tobacco Taxes ◽  
Broader Impacts ◽  
The Right ◽  
Health Rights

There is perhaps no area of law that so effectively protects human health and thereby advances the right to the highest attainable standard of health, as tobacco control. Globally, tobacco is responsible for 1 in 10 adult deaths, and is on track to kill 10 million people per year, mostly in developing countries, representing a US$200 billion drain on the global economy. Yet experience in recent decades has shown that a range of tobacco control measures, such as comprehensive bans on smoking in public places, tobacco taxes, and limits on tobacco advertising, can greatly reduce smoking prevalence. These measures have slowly curtailed the epidemic, despite strong opposition from various sectors led by the tobacco industry. It is fitting that tobacco control is the focus of a recent, widely ratified global treaty (the Framework Convention on Tobacco Control) and of increasing national litigation, often directly linked to countries’ human rights commitments.

scholarly journals Assessment of compliance of prohibition of smoking (under section-4 of cigarettes and other tobacco products act) in Raipur city (C.G.), India: a cross sectional study

2018 ◽  
Vol 5 (4) ◽  
pp. 1327 ◽  
Author(s):  
Jitendra Kumar Kummar ◽  
Kamlesh Jain ◽  
Nirmal Verma ◽  
Ashish Sinha ◽  
Dhiraj Bhawnani ◽  
...  
Keyword(s):  
Tobacco Control ◽  
Adult Population ◽  
Cross Sectional Study ◽  
Sectional Study ◽  
Cross Sectional ◽  
Public Places ◽  
Tobacco Products ◽  
Premature Deaths ◽  
The Government ◽  
Assessment Of Compliance

Background: Use of tobacco has been proven to be one of the leading causes of preventable premature deaths and diseases across the globe. The global adult tobacco survey (GATS) India report 2009-10 estimates 34.6% of India’s adult population use tobacco in some form or other. The government of India has taken various initiatives for tobacco control by enacting comprehensive tobacco control legislation (Cigarette and Other Tobacco Products Act {COTPA}, 2003). The objective of the study was to assess the level of compliance of section 4 of COTPA in public places of Raipur.Methods: A cross sectional observational study was conducted in Raipur. The study was done around 480 public places for observing the compliance of section 4 of COTPA.Results: From the total 480 public places visited, 36.9% public places displayed “No Smoking” signage, out of 117 public places where “No Smoking” signage displayed only 11.3% were as per the COTPA specification. Only 12.3% of public places active smoking was observed during visit.Conclusions: This finding suggests a poor level of compliance of section 4 of COTPA in Raipur. Although the law has been drafted comprehensively, it is implemented only to certain extent.

Integrating Environmental Requirements into Vietnamese Sectoral Laws – Roles and Recommendations

2020 ◽  
pp. 1-9
Author(s):  
Mai Thanh Dung ◽  
Nguyen Minh Khoa ◽  
Phan Thi Thu Huong
Keyword(s):  
Sustainable Development ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Regulations ◽  
Environmental Issues ◽  
Environmental Policies ◽  
Environmental Concerns ◽  
Environmental Requirements ◽  
Environmental Considerations

The need for sustainable development underscores the role and importance of integrating environmental concerns in non-environmental policies because it is evident that environmental regulations only are insufficient to manage all environmental issues. Law enforcement on environmental protection in Vietnam clearly demonstrates this situation. Vietnam’s legal system of environmental protection is incompatible or overlapped with other sectoral laws and in fact many environmental matters have been implemented in accordance with sectoral laws while disregarding environmental considerations due to the lack of specific and explicit environmental provisions or requirements in sectoral laws and regulations. From that situation, the paper emphasizes the need to integrate environmental protection requirements into the sectoral laws of Vietnam and proposes some fundamental criteria and procedures to integrate environmental requirements into sectoral laws.

FDA’s reduced exposure marketing order for IQOS: why it is not a reliable global model

2021 ◽  
pp. tobaccocontrol-2020-056316
Author(s):  
Lauren Kass Lempert ◽  
Stella Bialous ◽  
Stanton Glantz
Keyword(s):  
Public Relations ◽  
Tobacco Control ◽  
Scientific Evidence ◽  
Tobacco Product ◽  
Tobacco Products ◽  
Sales And Marketing ◽  
Philip Morris ◽  
The Us ◽  
The Usa ◽  
The Difference

The US Food and Drug Administration (FDA) issued orders in July 2020 authorising Philip Morris Products S.A. to market its heated tobacco product (HTP) IQOS inside the USA with claims that it reduces exposure to some dangerous substances. FDA’s ‘reduced-exposure’ orders explicitly prohibit the marketing of IQOS with claims that IQOS will reduce harm or the risk of tobacco-related diseases. Under US law, FDA’s IQOS orders are problematic because FDA disregarded valid scientific evidence that IQOS increases exposure to other dangerous toxins and that Philip Morris Products S.A. failed to demonstrate that consumers understand the difference between reduced-exposure and reduced-harm claims. Unfortunately, both ‘reduced-exposure’ and ‘reduced-harm’ are classified as ‘modified risk tobacco products’ under US law. Exploiting this confusion, Philip Morris International used the FDA decision as the basis for marketing and public relations campaigns outside the USA to press governments to reverse policies that ban or regulate the sales and marketing of HTPs, including IQOS. Parties to the WHO Framework Convention on Tobacco Control should reject tobacco companies’ unsubstantiated explicit or implied claims of reduced harm associated with HTPs and resist Philip Morris International’s and other companies’ calls to relax HTP regulations based on the FDA’s actions. Instead, parties should adopt policies aligned with the Framework Convention on Tobacco Control when dealing with HTPs and other novel tobacco products.

scholarly journals College students’ knowledge and attitude towards new regulation on smoking ban in public places in Nepal

2015 ◽  
Vol 14 (2) ◽  
pp. 13-17
Author(s):  
Sushma Dahal ◽  
Sabina Maharjan ◽  
Raj Kumar Subedi ◽  
Juna Maharjan
Keyword(s):  
Tobacco Control ◽  
Cross Sectional Study ◽  
Tobacco Product ◽  
Smoking Ban ◽  
Common Source ◽  
Cross Sectional ◽  
Public Places ◽  
Knowledge And Attitude ◽  
Implementation Status ◽  
Source Of Information

Background: Nepal as a signatory to Framework Convention on Tobacco Control (FCTC) in 2003 has passed a new tobacco control bill entitled “Tobacco product control and regulatory bill, 2010” in 2011. On this background, it is imperative to assess the knowledge and attitude of people towards this new regulation that forbids smoking in public places.Methodology: A descriptive cross-sectional study was conducted among 394 students of higher secondary level in three randomly selected colleges of Kathmandu district, Nepal. Information on respondents’ awareness on current ban, source of information, implementation status and their attitude towards the new regulation were collected using self-administered questionnaire. Analysis of quantitative data was done using descriptive statistics whereas qualitative data were analyzed manually.Results: Majority of respondents (79.9%) said that there is ban on smoking in public places in Nepal. The most common source of information was television (72.3%), followed by friends (36.5%) and family members (33.9 %). Most of the respondents (67.4%) had frequently seen people smoking in public places and 48.8% had not seen or heard any penalty given to those people. Overall, 74.1% of the participants stated that the ban on smoking in public places was a ‘very good thing’. Majority of those who viewed that the ban was good, reasoned ‘it will protect people from diseases like cancer’. Those who viewed that the ban was not good, reasoned ‘people cannot be changed by compelling’ and ‘to smoke or not to smoke is people’s own will’.Conclusion: This study shows that majority of adolescents are aware of and have positive attitude towards new regulation on smoking ban in public places in Nepal. There is need of implementing the policy strictly by raising awareness among people and penalizing those who violate it.

scholarly journals Analysis of the tobacco industry’s interference in the enforcement of health warnings on tobacco products in Brazil

2017 ◽  
Vol 33 (suppl 3) ◽  
Author(s):  
Cristina de Abreu Perez ◽  
Vera Luiza da Costa e Silva ◽  
Stella Aguinaga Bialous
Keyword(s):  
Interest Groups ◽  
Tobacco Control ◽  
Tobacco Industry ◽  
Strong Impact ◽  
Health Warnings ◽  
Tobacco Products ◽  
Tobacco Control Policies ◽  
The Relationship ◽  
Original Information ◽  
Regulatory Measure

Abstract: This article aims to analyze the relationship between the Brazilian government’s adoption of a regulatory measure with a strong impact on the population and the opposition by invested interest groups. The methodology involves the analysis of official documents on the enforcement of health warnings on tobacco products sold in Brazil. In parallel, a search was conducted for publicly available tobacco industry documents resulting from lawsuits, with the aim of identifying the industry’s reactions to this process. The findings suggest that various government acts were affected by direct interference from the tobacco industry. In some cases the interventions were explicit and in others they were indirect or difficult to identify. In light of the study’s theoretical framework, the article provides original information on the Brazilian process that can be useful for government policymakers in the strategic identification of tobacco control policies.

Discussion of the Development Trend of Urban Residences in the 21st Century

2011 ◽  
Vol 368-373 ◽  
pp. 3672-3675
Author(s):  
Xiao Hua Guo ◽  
Lei Zhang
Keyword(s):  
Sustainable Development ◽  
Energy Conservation ◽  
Environmental Protection ◽  
Development Trend ◽  
Residential Construction ◽  
Residential Energy ◽  
Aging Society ◽  
The Future ◽  
Construction Pattern ◽  
The Development Trend

This paper discusses the development trend of urban residences in the future from residential energy conservation, sustainable development, ecologicalization, intelligentalization, and the way to fit for the demands of aging society, in order to offer a reference for seeking the construction pattern of comfortable, healthy and environmental protection residences and the development of such residences, and to make the residential construction in our country better satisfy the consistently increased residential requirements of people.

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