FCA Policy Briefing for COP7: Further development of the partial guidelines for implementation of Articles 9 and 10 of the WHO FCTC

Key recommendations

Partial guidelines for adoption

  • COP7 should adopt the text set out in Annex 3 on disclosure to government authorities of information on the contents of tobacco products in the indicated sections of the Partial Guidelines for implementation of Articles 9 and 10;
  • COP7 should adopt the text set out in Annex 2 on disclosure to government authorities of information on product characteristics, and on regulating product design features that increase attractiveness, in the indicated sections of the Partial Guidelines for implementation of Articles 9 and10;
  • It is premature at this time to adopt international guidelines regarding the regulation of addictiveness of tobacco products. Regarding Annex 1, which contains a proposed definition of addictiveness and proposed objectives relating to regulation of addictiveness/nicotine, COP7 should defer any action until such time as a substantive recommendation comes before COP regarding regulation of addictiveness/nicotine.

Decisions on Waterpipe

FCA agrees that:

  • Within the context of Articles 9 and 10, “contents and emissions” comprises the characteristics, including the design features, of the waterpipe apparatus and its various components, such as its heating/burning parts and water/fluids.

Proposed future work

  • COP7 should support the proposal that the WHO be invited to undertake the:
  1. Identification of strategies to build capacity for Parties wishing to monitor markets through registration, licensing or notification of tobacco products in order to inform policy making; and
  2. Examination of market developments and usage related to “heat-not-burn” tobacco products and other novel tobacco products.
  • COP7 should also support the proposal to invite WHO to work with the Knowledge Hub on Smokeless Tobacco to:
  1. Collect scientific information on the toxicants in SLT and analytical methods used to measure them, and the levels found in products on the market;
  2. Advise on the availability of validated analytical methods and need for further development and validation of analytical methods;
  3. (Identify available processes to reduce toxicants; and
  4. (Determine the feasibility of achieving a reduction in toxicant levels resulting in meaningful reductions in health risk and identify, where possible, the nature and magnitude of the expected reduction in health risks.

FCA believes it is premature at this time, prior to their being country-level experience to be considered, for the working group to be asked to develop potential guidelines on the regulation of addictiveness of tobacco products. Moreover, the outcomes of the many studies in this area currently under way need to be assessed. Instead, FCA recommends that WHO be invited to monitor emerging research and country practice regarding the regulation of addictiveness.

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