EU parliament votes for total ban on tobacco advertising

The European Union is on course to impose a total ban on tobacco advertising in newspapers and magazines and on the radio and internet within three years.

The draft legislation received a large majority in the European parliament on 20 November and will now be considered by EU governments. It represents a major victory for David Byrne, the European public health commissioner, who has made the fight against tobacco one of his top priorities.

The legislation is designed to replace earlier measures, which the European Court of Justice had partially annulled on the grounds that the union had overstepped its powers (BMJ 2000;320:1691). The commission has trimmed its earlier proposal and now believes the latest version is legally watertight.

The ban, supported by 309 votes to 203 with 39 abstentions, would take effect from 1 August 2005. The only exemption would be for advertisements intended exclusively for professionals in the tobacco trade.

Following representations from medical associations throughout the European Union, the parliament approved a safeguard clause to prevent tobacco companies using the European legislation to mount legal attacks on existing national advertising bans. These do not exist in only five EU countries: Germany, Austria, Greece, France, and Luxembourg.

MEPs also overwhelmingly (by 402 votes to 36 with 21 abstentions) supported attempts to raise public awareness of the dangers of tobacco. These call for the phasing out of tobacco vending machines and a ban on the use of promotional items such as ashtrays, lighters, tobacco samples, and gifts.

Although non-binding, the move applies further political pressure on the industry. It includes the demand that all donations by tobacco companies to European political groups, individual members of the European parliament, commissioners, and former commissioners should be recorded, monitored, and reviewed.

Europe's doctors strongly support the attempt to shed light on any financial links between politicians and the tobacco industry. As spokesman on tobacco for the standing committee of European doctors, Dr Alexander Macara wrote beforehand to MEPs pointing out that studies had shown “a strong correlation between the acceptance of political donations from tobacco companies and opposition to tobacco control legislation.”

The initiative, he suggested, “provides a marvellous opportunity for members of the European Parliament to demonstrate their integrity and dispel any question of undue influence.”

In a third anti-tobacco initiative, the European Commission has joined forces with a score of pop stars such as Sophie Ellis Bextor, Moby, and Tiziano Ferro to target a “no smoking” message at the European Union's 36 million 12 to 18 year olds. In a series of advertisements being shown on 38 television channels and in 5000 cinemas across Europe, the stars sing “Feel free to say no.”

“This is a fact: eight out of ten smokers start smoking as teenagers. The tobacco multinationals are targeting our kids to replace new addicts for the ones they've killed,” Mr Byrne said at the launch.