Tobacco Legislation Reform and Industry Response in Israel: A Comprehensive Overview

Israel has implemented progressive tobacco control legislation to curb the influence of tobacco and related products, including heated tobacco products and electronic cigarettes. The legislation, effective in phases from March 2019 to January 2020, encompasses three primary elements: advertising bans, point-of-sale display bans, and plain packaging requirements. This comprehensive effort aims to reduce tobacco consumption and mitigate public health risks associated with tobacco use.

Please note that the following is not a summary of the webinar but Professor Bar-Zeev’s academic paper on Tobacco legislation reform and industry response in Israel. Scroll to the bottom for the full webinar which was held on Thursday, July. 18, 2024 at 3 PM CEST. This is one of many webinars hosted by our Non-Communicable Disease Working Group. 

Key Elements of the Legislation

1. Advertising Bans:

– Prohibited in all media channels, including broadcast, outdoor, internet, and print media, except newspapers.

– Effective March 2019, this measure aims to reduce the visibility and attractiveness of tobacco products to the public.

2. Point-of-Sale Display Bans:

– Effective January 2020, this ban applies to all retail environments except specialized tobacco and alcohol outlets.

– This measure seeks to reduce impulse purchases and the normalization of tobacco products in everyday settings.

3. Plain Packaging:

– Also effective January 2020, this requirement mandates plain packaging for all tobacco products, including heated tobacco and electronic cigarettes, using the color Pantone 448 C.

– The packaging must include textual health warnings covering a significant portion of the package.

Industry Response and Tactics

During the initial implementation phase, the tobacco industry employed various tactics to circumvent the new regulations

– Print Media Loopholes: Industry advertisements included small branded elements and full-size previous packaging visuals to bypass plain packaging rules.

– QR Codes and Direct Advertisements: QR codes in advertisements led consumers to direct marketing content not covered by the legislation.

– Point-of-Sale Displays: Attractive, non-hermetically closed display cases allowed products to be partially visible, undermining the display ban.

– Branded Accessories: Distribution of branded tin cases and inclusion of branding inside packages to mitigate the impact of plain packaging.

– Coalition Efforts and Recommendations
A coalition of civil society and professional organizations from various disciplines, including public health and communications, actively communicated to counter these industry tactics. The coalition shared information and strategies on platforms like WhatsApp.

Key recommendations include:

– Enhanced Specificity: Legislation should be highly specific to prevent industry exploitation of loopholes.

– Complete Advertisement Bans: Avoid exemptions in advertising bans to ensure comprehensive coverage.

– Regulatory Oversight: Implement pre-publication requirements for industry advertisements and prohibit QR codes.

– Proactive Enforcement: Establish detailed implementation guidelines and enforcement plans to ensure compliance.

– National Authority for Tobacco Control: Create a dedicated body to oversee and enforce tobacco control measures, similar to the US FDA’s role.

– Legal Challenges and Future Directions The legislation faced legal challenges from entities like Juul Labs, which sought exemptions for vaping products. However, the Supreme Court upheld the law, validating the legislative process and highlighting the importance of transparent and regulated industry participation.

Conclusion

Israel’s experience underscores the importance of detailed legislation, proactive enforcement, and the need for mechanisms to address industry tactics quickly. By learning from these efforts, other countries can enhance their tobacco control measures to protect public health more effectively.