Tobacco industry's use of litigation to stop tobacco control measures in Brazil
Background and challenges to implementation Brazil is the highest-performing countries in its efforts to develop 
policies and programs to implement FCTC. The tobacco industry (TI) continues to hamper Brazil's efforts to fully implement FCTC, interfering in the adoption of such me...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
European Publishing
2018-03-01
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| Series: | Tobacco Induced Diseases |
| Subjects: | |
| Online Access: | http://www.journalssystem.com/tid/Tobacco-industry-s-use-of-litigation-to-stop-tobacco-control-measures-in-Brazil,84586,0,2.html |
| _version_ | 1811321909958148096 |
|---|---|
| author | Cristiane Vianna Mirta Molinari Rosa Vargas |
| author_facet | Cristiane Vianna Mirta Molinari Rosa Vargas |
| author_sort | Cristiane Vianna |
| collection | DOAJ |
| description | Background and challenges to implementation
Brazil is the highest-performing countries in
its efforts to develop 
policies and programs to implement FCTC.
The tobacco industry (TI) continues to hamper Brazil's
efforts to fully implement FCTC, interfering in the adoption of such measures,
or preventing implementation when they are adopted, challenging in national
courts. 

ANVISA is the regulatory agency responsible for regulating
tobacco in Brazil. Two different legislations enacted by the agency (ban of
additives and health warnings) are being challenged in Courts. This challenge
is delaying the fully protection of Brazilian population from the harms caused
by tobacco.
Intervention or response
A coalition of tobacco
control partners was created, representing government health agencies, academia
and health NGOs, in order to fight in this battle. Coalition members had regular
meetings with the Supreme Court to urge the release of the injunction that stopped
the effects of additive ban. Members of the civil society filed two amicus
brief in support of ANVISA. Mobilization of legislators and public health
institutions to contact the Supreme Court through letters of support was done. A
dissemination of tobacco control guidelines for the Judiciary Power informing about
FCTC was another strategy adopted. Technical assistance for the formal response
was sent to federal prosecutors and scientific evidence to support the
legislation was provided.
Results and lessons learnt
A major success of this
group of initiatives was the scheduling of the hearing on the additives ban for
August 17, 2018, since the lawsuit started in 2013 and the TI access to the
Court had kept it off the hearing agenda. This work will provide a discussion
and an analysis of the TI arguments and the counter arguments used to defend
the public health laws.
Conclusions and key recommendations
It is important to create a coalition to defend against
the TI use of legal strategies to prevent the implementation of the tobacco
control. |
| first_indexed | 2024-04-13T13:26:04Z |
| format | Article |
| id | doaj.art-570ee1fe7a39488c807a0eb34f397de5 |
| institution | Directory Open Access Journal |
| issn | 1617-9625 |
| language | English |
| last_indexed | 2024-04-13T13:26:04Z |
| publishDate | 2018-03-01 |
| publisher | European Publishing |
| record_format | Article |
| series | Tobacco Induced Diseases |
| spelling | doaj.art-570ee1fe7a39488c807a0eb34f397de52022-12-22T02:45:09ZengEuropean PublishingTobacco Induced Diseases1617-96252018-03-0116110.18332/tid/8458684586Tobacco industry's use of litigation to stop tobacco control measures in BrazilCristiane Vianna0Mirta Molinari1Rosa Vargas2The Union, Tobacco Control, MexicoThe Union, Tobacco Control, MexicoBrazilian National Cancer Institute, CONICQ, BrazilBackground and challenges to implementation Brazil is the highest-performing countries in its efforts to develop 
policies and programs to implement FCTC. The tobacco industry (TI) continues to hamper Brazil's efforts to fully implement FCTC, interfering in the adoption of such measures, or preventing implementation when they are adopted, challenging in national courts. 
 ANVISA is the regulatory agency responsible for regulating tobacco in Brazil. Two different legislations enacted by the agency (ban of additives and health warnings) are being challenged in Courts. This challenge is delaying the fully protection of Brazilian population from the harms caused by tobacco. Intervention or response A coalition of tobacco control partners was created, representing government health agencies, academia and health NGOs, in order to fight in this battle. Coalition members had regular meetings with the Supreme Court to urge the release of the injunction that stopped the effects of additive ban. Members of the civil society filed two amicus brief in support of ANVISA. Mobilization of legislators and public health institutions to contact the Supreme Court through letters of support was done. A dissemination of tobacco control guidelines for the Judiciary Power informing about FCTC was another strategy adopted. Technical assistance for the formal response was sent to federal prosecutors and scientific evidence to support the legislation was provided. Results and lessons learnt A major success of this group of initiatives was the scheduling of the hearing on the additives ban for August 17, 2018, since the lawsuit started in 2013 and the TI access to the Court had kept it off the hearing agenda. This work will provide a discussion and an analysis of the TI arguments and the counter arguments used to defend the public health laws. Conclusions and key recommendations It is important to create a coalition to defend against the TI use of legal strategies to prevent the implementation of the tobacco control.http://www.journalssystem.com/tid/Tobacco-industry-s-use-of-litigation-to-stop-tobacco-control-measures-in-Brazil,84586,0,2.htmlWCTOH |
| spellingShingle | Cristiane Vianna Mirta Molinari Rosa Vargas Tobacco industry's use of litigation to stop tobacco control measures in Brazil Tobacco Induced Diseases WCTOH |
| title | Tobacco industry's use of litigation to stop tobacco control measures in Brazil |
| title_full | Tobacco industry's use of litigation to stop tobacco control measures in Brazil |
| title_fullStr | Tobacco industry's use of litigation to stop tobacco control measures in Brazil |
| title_full_unstemmed | Tobacco industry's use of litigation to stop tobacco control measures in Brazil |
| title_short | Tobacco industry's use of litigation to stop tobacco control measures in Brazil |
| title_sort | tobacco industry s use of litigation to stop tobacco control measures in brazil |
| topic | WCTOH |
| url | http://www.journalssystem.com/tid/Tobacco-industry-s-use-of-litigation-to-stop-tobacco-control-measures-in-Brazil,84586,0,2.html |
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