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Tobacco industry interference

Tobacco industry interference in Scotland

Timeline of tobacco industry challenges to Scottish tobacco control legislation
(pdf, 42kb, updated 12 December 2012)

The ASH Scotland report: The unwelcome guest: how Scotland invited the tobacco industry to smoke outside (pdf, 292kb) exposes the tactics used by the Tobacco Industry and its associates to oppose smoke-free legislation in Scotland.  Also see our follow-up reports (2007)on achieving Scotland's smoke-free success, (pdf, 1.16Mb) and Counter Measures (2010) (pdf, 2.84Mb).


Tobacco industry tactics to interfere with tobacco control


Cancer Research UK video on tobacco industry tactics (above). November 2013

U.S. District Judge Gladys Kessler commented that the tobacco industry in the United States  “survives, and profits, from selling a highly addictive product which causes diseases that lead to a staggering number of deaths per year, an immeasurable amount of human suffering and economic loss, and a profound burden on our national health care system,” and that the industry “marketed and sold their lethal product with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted."
United States v. Philip Morris (D.O.J. Lawsuit) 2006 [Accessed 31 August 2012]

Also see the ASH (USA) Tobacco Marketing Map which tracks the tobacco industry and its marketing schemes under the guise of corporate social responsibility (CSR) programmes across the globe. No amount of charitable giving by the industry can make up for the fact that they profit considerably from costly addictions, painful diseases, and countless deaths that all result from their unnecessary products and existence.
In its efforts to derail or weaken strong tobacco control policies, tobacco industry interference takes many forms.  These include (source World Health Organisation):

1. Manoeuvering to hijack the political and legislative process

The tobacco industry has been highly resourceful in undermining governments’ efforts to protect public health. Tobacco companies have become expert in creating and exploiting legislative loopholes and manoeuvering with lobbyists to effectively influence law-making.

2. Exaggerating the economic importance of the industry

Employment, tax contributions and other economic indicators are frequently used by the tobacco industry to demonstrate their contribution to the economy of a country. But the figures provided by the companies do not only exaggerate the economic importance of the industry but also ignore the social, environmental and health costs caused by tobacco and tobacco products.

3. Manipulating public opinion to gain the appearance of respectability

Tobacco kills – but the tobacco industry has developed a range of tricks to manipulate public opinion. By investing funds in youth programmes or unrelated social causes, such as disaster relief and nature conservation groups, tobacco companies shift the focus away from their deadly products and gain a veneer of social respectability.

4. Fabricating support through front groups

Due to its isolation, the tobacco industry needs to simulate support. The tobacco industry creates and uses phony “grassroots” groups that support its interests. Typically, these groups focus on individual freedom, the alleged economic damage caused by smoke-free policies or feigned controversy about second-hand smoke.

5. Discrediting proven science

Sowing the seeds of doubt on the scientific evidence about the harm caused by tobacco and second-hand smoke is a popular tactic used by the tobacco industry. In order to weaken tobacco control legislation, the industry sparks controversy to distract and confuse the public and governments.

6. Intimidating governments with litigation or the threat of litigation

Threats of legal action are a popular tactic to intimidate governments that introduce effective tobacco control policies. As domestic courts, based on the WHO Framework Convention on Tobacco Control (FCTC), increasingly rule against the tobacco industry in cases brought against governments, the companies use bilateral and trade agreements to pursue states in international courts. The aim: to deter other countries from introducing effective tobacco control measures.

Countries that are Parties to the WHO FCTC have committed themselves to overcoming tobacco industry interference by implementing Article 5.3 of the treaty, which states that “In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.” All the Parties to the WHO FCTC have agreed on ways to stop tobacco industry interference based on four principles:

  • there is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests
  • Parties, when dealing with the tobacco industry or those working to further its interests, should be accountable and transparent
  • Parties should require the tobacco industry and those working to further its interests to operate and act in a manner that is accountable and transparent
  • because their products are lethal, the tobacco industry should not be granted incentives to establish or run their businesses.


Additional resources:

Key topics Economics Inequalities Stopping smoking Second-hand smoke Tobacco control legislation in Scotland Illicit tobacco Tobacco industry interference Tobacco use in pregnancy Global tobacco control Tobacco endgames