bata

Overview of the Tobacco
Control Act 2005

Normally laws become effective within three months of passage.

Highlights

The Tobacco Control Act includes the following provisions:

  • A ban on all forms of advertising, including print and electronic media, and billboards, handbills, leaflets, magazines, Internet advertising, and e-mail. The ban covers tobacco products’ brand name, distinctive colors, logo, trademark, or other sign that is distinctly associated with a tobacco product. The law also bans the use of donations, tournaments, scholarships, awards which are used to promote the use of tobacco products. The punishment for violation includes 3 months in prison and/or 1,000 taka fine
  • Creation of smoke-free public places and transport, including: educational institutions, government and non-governmental institutions, libraries, lifts, hospitals, clinics, courts, airports, ship ports, launch terminals, railway terminals, bus terminals, ferries, cinema halls, theaters and other halls, markets, public toilets, and children’s parks. Public transport includes motorcars, buses, trains, trams, boats, launches, all kinds of public motorized vehicles, and airplanes. The government can specify other public places in the future. Smoking areas can be established within smoke-free areas, with proper signage. Violation of smoke-free areas involves a fine of 50 taka.
  • Warnings on tobacco products to occupy 30% of the main surfaces of the pack. One of the following warnings must be used:
    • Smoking kills
    • Smoking causes strokes
    • Smoking causes heart disease
    • Smoking causes lung cancer
    • Smoking causes respiratory problems
    • Smoking is harmful to health
    The penalty for violation is 1,000 taka and/or 3 months in prison.
  • Ban on vending machines of tobacco products (this is pro-active, as there are no cigarette vending machines in Bangladesh).
  • Tobacco companies must inform the Government of the ingredients of imported tobacco products.
  • A five-year program offering subsidies for tobacco farmers to shift to other crops.
  • The Government will create guidelines to discourage any new tobacco companies from entering Bangladesh.

Comment on weaknesses in the law

The law contains various weaknesses, which BATA hopes to address in the near future. These include:

  • The exception on advertising for point-of-sale. There should be no exceptions.
  • The lack of clarity as to which parts of public places can become smoke-free. If not properly implemented, this could destroy the entire purpose of creating smoke-free areas. For instance, without complete separation of spaces and air (possible, for instance, by making certain carriages of trains smoke-free), all places will by default becoming smoking zones, as smoke does not respect arbitrary boundaries.
  • In terms of pack warnings, the law should specifically say that all of the warnings must be used, in rotation. The last, vague warning which is currently used on all packs should be abandoned.
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