Jamaica's Proposed Tobacco Control Act, 2020

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the first treaty negotiated under the auspices of the World Health Organization. The WHO FCTC is an evidence-based treaty that reaffirms the right of all people to the highest standard of health. Jamaica signed the FCTC in 2003 and ratified it in 2005.

Tobacco kills more than 8 million people each year (i.e., up to half of its users). More than 7 million of those deaths are the result of direct tobacco use, while around 1.2 million are the result of non-smokers being exposed to second-hand smoke. On December 1, 2020, the Minister of Health and Wellness tabled the “Tobacco Control Act, 2020” in Parliament. The proposed legislation is currently being considered by a Joint Select Committee, chaired by the Minister of Health & Wellness.

“Tobacco is the only consumer product that kills when used as intended by its manufacturers.”

World Health Organization

Following its initial meeting on February 24, 2021, the Joint Select Committee sought to adopt a consultative approach to examining the Bill. Invitations were therefore extended to Ministries, Departments and Agencies, the public and interested entities including the Tobacco Industry to make submissions. To date, several entities including Carreras Limited, the Ministry of Health & Wellness and PAHO have made submissions. The passage of the Bill will allow Jamaica to be fully compliant with its treaty obligations under the WHO FCTC. The proposed legislation will protect Jamaicans, including children and the vulnerable from the harmful and addictive effects of tobacco use.

Provisions of the proposed Tobacco Control Act, 2020

• Article 5.3, which provides for the regulation of the interactions of Government officials with the tobacco industry, to ensure that Government bodies interact with the tobacco industry only when and to the extent, strictly necessary, to enable them to effectively regulate the tobacco industry and tobacco products.
• Articles 9 and 10, which requires testing and measurement of the contents and emissions of tobacco products and provisions for the disclosure of toxic substances to the public.
• Article 12, which speaks to the promotion of communication and public awareness of tobacco control issues and about the health risks of tobacco consumption and exposure to tobacco smoke.
• Article 13, which speaks to the full and mandatory prohibition on tobacco advertising, promotion and sponsorship, and including a ban on point-of-sale tobacco displays.

• Under the proposed legislation, restrictions continue to apply to ‘traditional’ tobacco products and related products including e-cigarettes in the form of nicotine products and nicotine devices, as well as electronic non-nicotine delivery systems.
• The proposed legislation makes provision for an increase in the size of graphic health warnings on tobacco products from the existing 60% to 80% of the principal display areas of tobacco products

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