Tobacco SMS Sparks Outcry

Source from:  iol.co.za Lee Rondganger October 13 2008 10/15/2008

"Dunhill introduces its new Limited Edition Range. For more information see the MMS that follows." This is the novel way tobacco giant British American Tobacco (BAT) is trying to flout South Africa's tough anti-smoking laws, which have been designed to discourage people from picking up the habit. In a move that anti-smoking lobbyists say is in direct violation of the law, Dunhill - a product of BAT South Africa - has sent out mass SMSs to people promoting its new "limited-edition range". Companies that contravene the law face a fine of up to R1-million. "I think the SMS is indicative of the desperate need of the tobacco companies to addict young people, and they will break the law to continue to profit from selling an addictive drug," said Dr Yussuf Salojee, executive director of the National Council Against Smoking. But in a statement to The Star, Itumeleng Langeni, a spokesperson for BAT, said their marketing strategy was above board. "We are not aware of any complaints against us regarding the company's marketing practices, and therefore we cannot comment on it. "However, we do believe we are operating completely within the ambit of the current tobacco law," she said. Over the years, tobacco companies have come up with novel ways to bypass South Africa's stringent anti-smoking regulations. Parties were thrown at secret locations where free cigarettes were distributed in an effort to market cigarette makers' products to partygoers who form part of the "in crowd", and therefore are perfect ambassadors for the next generation of potential smokers. The tobacco companies used grey areas of the 1999 Tobacco Control Amendment Act for this "viral marketing campaign", but these loopholes have been closed by a further amendment tabled in parliament earlier in 2008. Salojee said it had now become clear that tobacco companies were no longer looking to exploit loopholes, but were blatantly breaking the law. He said the SMS advertised the cigarette brand and was therefore illegal. The Tobacco Products Control Act states that an "advertisement", in relation to any tobacco product, means any "drawn, still or moving picture, sign, symbol, other visual image or message or audible message aimed at the public and designed to promote or publicise a tobacco product or to promote smoking behaviour, and includes the use in any advertisement or promotion aimed at the public of a tobacco product manufacturer's company name where the name or any part of the name is used or is included in a tobacco product trade mark". Salojee said the tobacco companies might be using this advertising strategy because they believed people would not report them. "But we will lay a charge with the police. This is the first I heard of it, and if more people come forward with this complaint, we will definitely go to the police," he said. Enditem