Promo Girls Exploit Cigs Loophole

Source from:  The Standard 01/05/2015

Companies have found an enticing way to circumvent the laws on tobacco advertising - girls in colorful uniforms carrying boards displaying certain brands of cigarettes at pubs, restaurants, bars and clubs.

They do not sell the cigarettes but are willing to play various electronic games with customers who can win souvenirs such as cigarette lighters. Winners are then asked for their contact details.

The Council on Smoking and Health was alerted to the practice a few months ago and chairman Antonio Kwong Cho- shing said authorities are powerless to stop it.

"There are different forms - girls jumping from one bar and restaurant to another. They are quite active in the SoHo area as well as Jordan, Tsim Sha Tsui and Prince Edward," he said.

"We have been told this is not be a form of tobacco advertisement. At the moment, it is a loophole they can exploit. There is nothing we can do based on the present legislation. That is the feedback from the Tobacco Control Office.

"I believe they have asked for the legal opinion from the Department of Justice."

The Smoking (Public Health) Ordinance prohibits tobacco companies from giving cigarettes, cigars or pipe tobacco to anyone for promotional or advertising purposes.

It is also against the law to sell any tobacco that is accompanied by a gift or a token that may be exchanged for a gift or discount on a product. Both offenses carry a maximum fine of HK$25,000.

Since the ordinance came into effect in 1982, advertising and promotion of tobacco products have been progressively banned. There is a ban on advertising on television, radio, internet, printed media, billboards and hawker stands. This has limited companies' efforts to promote their products.

Kwong said COSH is worried as the tactic will contribute to people's habit.

The Standard saw two workers of a marketing company selling Marlboro cigarettes in a SoHo restaurant. They sold a pack of "Ice Blast" cigarettes for HK$50 - HK$5 cheaper than the retail price.

"The Tobacco Control Office will continue to conduct inspections at the concerned bars to ensure compliance of the ordinance," a spokesman said.

COSH says a ban on displaying cigarettes at any point of sales means promotions workers should not carry around lit-up display boxes with cigarettes.

Philip Morris Asia - which owns the world's top-selling brand Marlboro - confirmed the company did hire third- party contractors who used promotional staff, but denied they sold cigarettes.

"Third-party contractors are hired by us to communicate product information to adult smokers in full compliance with the law. The retailing of our products, including how they sell and price of our brands, are decided by shop owners and retailers," said Hong Kong and Macau corporate affairs manager Cecilia So.

A British American Tobacco spokesman said the company, whose brands include Lucky Strike, does not directly sell cigarettes to consumers in Hong Kong.

"BAT also conducts its business according to the applicable laws and regulations in Hong Kong," he said. Enditem