Through both overt and covert means, the tobacco industry uses its massive resources to deter and thwart
governments' efforts to implement effective tobacco control measures and protect public health policies.
Tobacco industry interference remains a major problem in the ASEAN region, as in other parts of the
world.
The tobacco industry employs an extensive range of unethical and intentionally orchestrated tactics and
strategies, at both the country level and internationally, to directly and indirectly challenge, defeat,
discredit, dilute, obstruct, delay, and circumvent the implementation of effective tobacco control measures.
These include political lobbying to manipulate and hijack the political and legislative process through
drafting and distributing industry-friendly legislation, providing incentives to government officials and
politicians to take a pro-industry position, and hiring former prominent government officials or appointing
them as tobacco industry spokespersons or board members. Other tactics include intimidating governments and
individuals with litigation or threats of legal suits, mobilizing front groups to advance the industry's
cause, and making false claims and spreading half-truths and misinformation through position papers, news
items, posters, and paid advertisements.
Article 5.3 of the WHO FCTC requires Parties, when setting and implementing their public health policies
with respect to tobacco control, to protect these policies from commercial and other vested
interests of the tobacco industry in accordance with national law. By unanimously adopting the WHO FCTC
Article 5.3 Guidelines at the third session of the Conference of the Parties (COP3) in 2008, Parties to the
treaty formally recognized the irreconcilable conflict between the
tobacco industry’s interests and public health policy interests.
Within ASEAN, eight countries—Brunei, Cambodia, Indonesia, Lao PDR, Myanmar, Philippines, Singapore, and
Thailand—have taken concrete steps to protect their public health policies from tobacco industry
interference by developing policies, guidelines, or codes of conduct to prevent unnecessary interactions
with the industry and ensure transparency of any interactions that do occur, in line with the Article 5.3
Guidelines. Only Brunei, Lao PDR, Philippines, and Singapore have a whole-of-government code of conduct or
policy that prohibits unnecessary government interactions with the tobacco industry.
Despite these efforts, there has been increasing industry interference in many countries, and this trend is
expected to continue. Therefore, there remains significant room to institute or strengthen mechanisms at the
highest levels to prevent or reduce such industry interference in tobacco control.
Photo credit: WHO stop the lies #tobaccoexposed
The World Health Organization (WHO) has expressed concerns about ongoing attempts by the tobacco industry,
and third parties acting on its behalf, to influence scientific research, public and media perceptions,
and policymaking. These efforts are aimed at protecting and expanding the tobacco and nicotine product
markets. The WHO has reiterated that “the tobacco industry should not be a partner in any initiative
linked to setting or implementing public health policies, knowing that its interests are in direct
conflict with the goals of public health.” Decades of duplicitous behavior by tobacco companies serve as
proof that they prioritize profit over public health.
To address this issue, WHO launched the "Stop the Lies" campaign, which aims to amplify youth voices,
expose tobacco industry tactics, and increase public awareness of the need to defend health policies and
protect the health of future generations. The campaign seeks to protect young people from the tobacco
industry and its deadly products by calling for an end to tobacco industry interference in health policy.
Global Center for Good Governance in Tobacco Control (GGTC)
From 2017 to early 2023, the Global Center for Good Governance in Tobacco Control (GGTC) was designated by the FCTC Secretariat as the Knowledge Hub for Article 5.3 to support the implementation of the Convention’s obligation to protect against tobacco industry interference. During this period, GGTC developed tools such as a comprehensive e-learning platform on Article 5.3, provided technical assistance to Parties to enhance the implementation of WHO FCTC Article 5.3, and established a resource database of tobacco industry documents and actors as mandated by the 8th Session of the Conference of Parties (COP) to the WHO FCTC.
Additionally, Monitoring Centers in Egypt, Ukraine, and Bangladesh joined the network of Observatories and
Monitoring Centers established to monitor and identify tobacco industry tactics worldwide.
GGTC collaborates with advocates, governments, and institutions globally and continues to provide technical
assistance to countries combating tobacco industry interference. It maintains a resource hub offering key
materials on good governance in tobacco control and disseminates tools to counter tobacco industry tactics
effectively.
Monitoring Centres
The Monitoring Centers in Egypt, Ukraine, and Bangladesh joined the network of Observatories and Monitoring Centers established to monitor and identify tobacco industry tactics all over the world.
- Observatory
- Monitoring
Intergovernmental Organizations and UN agencies such as the United Nations (UN), UN Economic and Social Council (ECOSOC), UN Global Compact (UNGC), World Health Organization (WHO), UN Development Programme (UNDP), UN Children’s Fund (UNICEF), UN Educational, Scientific and Cultural Organization (UNESCO), and World Bank have adopted or developed policies to be consistent with or to support the implementation of WHO FCTC Article 5.3 to protect against tobacco industry interference.
Asia is not spared from tobacco industry interference in public health policy
The lower the score, the better the ranking
- 0-9
- 10-19
- 20-29
- 30-39
- 40-49
- 50-59
- 60-69
- 70-79
- 80-89
- 90-100
| RANK | COUNTRY | SCORE | RANK | COUNTRY | SCORE |
|---|---|---|---|---|---|
| 1 | Brunei Darussalam | 14 | 11 | India | 58 |
| 2 | Mongolia | 38 | 12 | Philippines | 60 |
| 3 | Nepal | 42 | 13 | Korea, Rep. | 60 |
| 4 | Sri Lanka | 42 | 14 | Laos | 70 |
| 5 | Maldives | 49 | 15 | Bangladesh | 73 |
| 6 | Thailand | 50 | 16 | China | 74 |
| 7 | Myanmar | 52 | 17 | Malaysia | 76 |
| 8 | Pakistan | 53 | 18 | Indonesia | 84 |
| 9 | Vietnam | 57 | 19 | Japan | 88 |
| 10 | Cambodia | 58 |
Brunei and Mongolia emerge as trailblazers in their
ongoing efforts to counter tobacco industry
interference, while Japan and Indonesia continue to
experience the strongest tobacco industry
interference.
The absence of protective measures on policy development enables the industry to exert its influence
to shape government attitudes in favor of weak tobacco control measures especially on electronic
smoking devices (ESDs), as evident in the Philippines, Malaysia and Indonesia.
Of the 90 countries surveyed in the Global Tobacco Index, while some have adopted good measures to prevent tobacco industry interference in the development and implementation of tobacco control policies, many have not utilised the recommendations provided by in the Article 5.3 Guidelines.
Industry interference in policy development
The tobacco industry (TI) works to defeat, dilute, and delay effective tobacco control policy. They participate in different stages of policy development to undermine any stringent measure a government may propose. However, several governments have acted to protect their policies from industry interference.
Brunei, Cambodia Myanmar and Thailand do not accept or endorse policy or legislative drafts by or in collaboration with the tobacco industry, nor invite the tobacco industry to sit at meetings where policies are decided.
Brunei, Cambodia and Myanmar do not allow the TI to sit in inter-ministerial or committee meetings on implementing the FCTC.
Industry-related CSR activities
Tobacco companies employ tactics to deflect focus away from the detrimental impacts of their products
by using so-called “corporate social responsibility” (CSR) activities. These endeavors frequently
concentrate on vulnerable demographics, providing a platform for the companies to portray
unwarranted legitimacy and cultivate social trust.
The industry engages with non-health government sectors such as sports, education, environment,
welfare and development, and law enforcement to whitewash its business agenda and dissociate its
corporate image from the health harms caused by the products it manufactures and sells.
Among ASEAN countries, only Brunei, Lao PDR, Myanmar and Thailand have banned all tobacco-related CSR activities, while Cambodia, Singapore and Vietnam have banned the publicity of these activities.
Benefits to the tobacco industry
Except in Brunei, the tobacco industry continues to receive benefits in a variety of ways in most countries because governments still perceive the tobacco industry’s business as a significant contributor to economic advancement. Because of this preconception, the tobacco industry gains political capital to influence policies to its advantage.
Delay in implementation of stronger tobacco control measures was accommodated in
Cambodia the Ministry of Economy and Finance (MEF) granted the tobacco industry’s request to delay the rotation of Pictorial Health Warnings (PHWs) by four months (from 1 August 2021 to 1 December 2021).
Myanmar the government granted the industry an extension to implement standardized tobacco packaging since the law’s signing in October 2021. The implementation has been delayed until 31 December 2024.
Forms of unnecessary interaction
Unnecessary interactions between government personnel and the tobacco industry still occur. With the exception of Brunei, all countries have documentation of such interactions that include senior government officials attending social functions with or accepting assistance and offers of partnerships from the tobacco industry.
Unnecessary interactions
- Attending social functions and junkets
In the Philippines, President Marcos, the First Lady, and their son, a congressman, hosted PMI executives at the Malacañang Palace in November 2022.
Vietnam’s President had meetings with the US-ASEAN Business Council (USABC), the American Chamber of Commerce (Amcham), the United States Chamber of Commerce (USCC), McLarty Associates, Business Council for International Understanding (BCIU) and leaders of multinational businesses and corporations, including Philip Morris, where he expressed appreciation for the role of US associations and corporations in promoting US businesses and their investment in Vietnam over the years.
In Cambodia, the Secretary of State of the Ministry of Interior, who is the chair of the Committee for Combating Fake Products, with the Director General of the Consumer Protection, Competition and Fraud Repression Directorate General (CCF) of the Ministry of Commerce, joined the inauguration ceremony of JTI’s new head office on 23 September 2022.
In Lao PDR, the Lao-China Hongta company, among other companies, was awarded an “Outstanding Leading Business Award” during COVID-19 in 2021 at the National Assembly Hall in Vientiane in December 2021
In Indonesia, several ministers in the Indonesia Maju Cabinet, including the Minister of Health, were speakers at the Millennial & Gen-Z Summit despite the fact that the event was sponsored by Djarum (SUPERLIVE), and Djarum Super cigarettes were promoted at the venue.
In Malaysia, the US-ASEAN Business Council held its annual Business Mission meeting, where business executives from many American corporations, including Philip Morris, met with members of the Cabinet. Notably this included the Minister of International Trade and Industry, Deputy Minister of Domestic Trade and Cost of Living, and Minister of Natural Resources, Environment, and Climate Change, to discuss the role of foreign investment and international trade in Malaysia’s post-pandemic economic recovery.
- Accepting assistance and offers of partnerships
In Lao PDR, the Ministry of Industry and Commerce (MOIC) signed a MOU with the tobacco industry to enforce smuggling control and receive incentives for enforcement. MOIC collects information on illicit tobacco products in the domestic market, but the information is often withheld from other ministries, such as the Ministry of Health. The agreement with the tobacco industry is still enforced to this day.
In Thailand, the Tobacco Authority of Thailand (TAOT) and the Tobacco Growers and Traders Association, which received funding from PMI, attended a meeting with the Sub-Committee for Studying Factors Affecting the Health System and Monitoring the Enforcement of Public Health Laws in the House Committee on Public Health to discuss the impact of smuggling and selling illegal cigarettes.
In Vietnam, the tobacco industry is required to contribute to a fund for control of illicit trade and is considered a partner in addressing illicit tobacco activities.
In Cambodia, JTI was a sponsor of the National Career and Productivity Fair organized by the Ministry of Labour and Vocational Training from 28-29 October 2022.
Greater transparency needed
Most governments have no procedures in place for the disclosure of meetings and interactions with the
tobacco industry or about entities, affiliates organizations and individuals acting on the industry’s
behalf such as lobbyists. While the tobacco industry can communicate with the government regarding
its business, systematic recordkeeping to document what transpires or how the industry’s agenda might
impact policy (such as when the meetings take place, their purposes, or the contents and outcomes of
such meetings) remains lacking.
No policy in ASEAN countries requires disclosure or registration of tobacco industry-affiliated
lobbyists, organizations, or individuals. Globally, only six countries currently maintain a register of
lobbyists required under election or transparency laws. These include Australia, Canada, the European
Union, France, Ireland, and the United Kingdom.
Among ASEAN countries, only Brunei discloses its interactions with the tobacco industry.
The Philippines’ Joint Memorandum Circular (JMC) 2010 requires government departments to report on their interaction with the industry; however, the Civil Service Commission (CSC) does not have full information about meetings of other agencies with the tobacco industry. For example, while there are social media posts and anecdotal information of different interactions between the tobacco industry and government agencies, the CSC reports that it has not received any documents or disclosure of any meetings or interactions as required by the JMC.
The governments of Malaysia, Thailand and Vietnam continue to interact (either in closed-door meetings or open interactions) with the tobacco industry; however, details of these interactions are not accessible or made transparent to the public.
There are certain domestic laws/ regulations in all countries that require the tobacco industry to register aspects of its business operations (such as manufacturing, trading, and revenues) to operate. For example, in Myanmar, a Special Goods Tax Law requires all manufacturing facilities and distribution chains to register with the government, while in the Philippines, corporate and business entities are also required to register with the BIR and Securities and Exchange Commission (SEC) to operate.
Conflicts of interest
One way the tobacco industry gains influence with governments is by subscribing to a patronage system – exchanging contributions for candidates, parties, and their election campaigns for political support. Brunei prohibits political contributions from the tobacco industry and political campaigns do not take place in Lao PDR and Vietnam because of their unitary/single-party governments.
In the Philippines (through individuals, including industry representatives) and Thailand (with certain monetary limits) the tobacco industry is still allowed to give political contributions.
Another way the tobacco industry influences public policy and creates a conflict of interest situations is through the “revolving door”, where politicians or civil servants take up jobs as lobbyists or consultants in the area of their former public service or where former private sector employees accept government positions that regulate the sector they were once a part of. Revolving doors may undermine trust in governments because of the potential for real or perceived conflicts of interest regarding matters of the state.
| Country | Current/ former public service/ employees | Position in tobacco industry |
|---|---|---|
| Cambodia | Senator | President of the LYP Group (owner of cigarette company Hero King) |
| Senator | Founder and President of Anco Brothers Co., Ltd | |
| Indonesia | Former Director of Beverage Industry, Tobacco Products and Refresher Materials, Former Director of Beverage Industry, Tobacco Products and Refresher Materials, and the Head of Data and Information Center | Indonesian Cigarette Manufacturers’ Association (GAPPRI) |
| Former Director General of Agro Industry from Ministry of Industry | Chairman of Gaprindo | |
| Lao PDR | Vice Minister of Ministry of Industry and Commerce (MOIC) | Vice Chair of the LTL Board |
| MOF and MOIC representatives | TI Joint Venture Board of Management | |
| Philippines | Former Chief Justice and former Governor of the Philippine Central Bank | Board of Trustees of Tan Yan Kee Foundation |
| Thailand | Retired military personnel | Board member of Tobacco Authority of Thailand (TAOT) |
| Vietnam | Minister of Industry and Trade (MOIT) officials | Vinataba |
Preventive measures
Article 5.3 details guidelines to protect against interference, not only by the tobacco industry but also by entities working on its behalf. Two elements are essential for achieving this outcome: (a) governments need information about the industry’s activities and practices to ensure transparency and accountability; and (b) a code of conduct for the bureaucracy prescribing the standards they should comply with in their interactions with the tobacco industry or its representatives. The interactions should be limited to only when strictly necessary.
Brunei, Lao PDR, Philippines and Thailand are leading the way in implementing a code of conduct for the bureaucracy prescribing the standards they should comply with in their interactions with the tobacco industry or its representatives.
Lao PDR requires tobacco industry (manufacturers and importers) to submit information on ingredients, constituents, combustible substances, production volume of each brand, tobacco marketing plan, tobacco marketing expenditure, with samples of tobacco products, to the Ministry of Health twice a year for inspection and disclosure to the public.
Cambodia, Indonesia, Malaysia, Myanmar, Philippines, Thailand and Vietnam require the tobacco industry to submit information on tobacco production, manufacture, market share, and revenues. However, they are not required to provide information on marketing expenditures, expenses on lobbying, philanthropy, and political contributions.
Preventive policy measures
| Country | Preventive measures that apply to the whole bureaucracy | Preventive measures limited to issuing authority |
|---|---|---|
| Brunei |
|
Ministry of Health Guidelines for Managing Conflicts of Interest with the Tobacco Industry within the Health Ministry |
| Cambodia | Law on Anti-Corruption* | Ministry of Education, Youth, and Sport Circular on ban all forms of partnerships with tobacco industry among educational facilities including ban the use, advertisement, and display and sale of tobacco and alcohol products within campuses of public and private educational facilities |
| Indonesia |
|
Ministry of Health Guidelines for Managing Conflicts of Interest with the Tobacco Industry within the Health Ministry |
| Lao PDR |
|
|
| Malaysia | Anti-corruption Commission Act* | |
| Philippines |
|
|
| Thailand |
|
Ministry of Public Health Guidelines on Interaction with Tobacco Entrepreneurs and Related Persons |
| Vietnam |
|
*Not specific to the tobacco industry.
SEATCA Tobacco Industry Monitor (TIM)
SEATCA’s Tobacco Industry Monitor (TIM) tracks, documents and provides comprehensive information on tobacco industry interference in the ASEAN. Visit the Tobacco Industry Monitor website https://timonitor.seatca.org/ to know more about tobacco industry tactics including conducting so-called CSR activities, funding and supporting front groups, impeding tobacco control policies, promoting harm reduction and others.
Global Action to End Smoking (GAES), formerly the Foundation for a Smoke-Free World
(FSFW)
In 2017, Philip Morris International (PMI) announced its financial support (USD 960 million
for 12 years) for the establishment of the Foundation for a Smoke-Free World (FSFW), whose
purported goal is to “eliminate smoking.” In May 2024, FSFW changed its name to Global
Action to End Smoking (GAES). This followed its announcement in September 2023 of the
cancellation of its funding agreement with PMI paying a final grant of USD 140 million to
FSFW/GAES which could still fund its activities for years to come. As it stands, GAES is still
solely funded by money from PMI.
FSFW/GAES presents itself as a tobacco control organization, but, unsurprisingly, its definition
of “smoke-free” is fully aligned with PMI’s “smoke-free future” -- not eliminating tobacco use but
switching smokers to so-called less harmful alternatives like e-cigarettes.
Prices of most popular cigarette brands in ASEAN
Four countries (Cambodia, Lao PDR, Myanmar, and Vietnam) have the lowest cigarette price (less than USD 1 per pack). Singapore has the highest cigarette price (more than USD 10 per pack).
- Most popular foreign brand (USD/pack)
- Most popular local brand (USD/pack)
- Less than USD 1
- USD 1–USD 2.90
- USD 3–USD 4.90
- USD 5 and above *
| COUNTRY | Foreign Brand | Local Brand |
|---|---|---|
| Myanmar | Marlboro 1.18 (MMK 4,000) | Red Ruby 0.53 (MMK 1,800) |
| Lao PDR | Marlboro 1.33 (LAK 28,000) | Adeng 0.43 (LAK 9,000) |
| Vietnam | Craven A Demi Slim 0.66 (VND 16,400) | Thang Long 0.54 (VND 13,500) |
| Cambodia | Mevius 1.63 (KHR 6,594) | Luxury 0.50 (KHR 2,000) |
| Philippines | Marlboro 3.12 (PHP 175) | Fortune 2.23 (PHP 125) |
| Thailand | L&M7.1 1.92 (THB 70) | SMS 1.82 (THB 66) |
| Malaysia | Dunhill 3.75 (MYR 17.7) | Dunhill 3.75 (MYR 17.7) |
| Indonesia | Marlboro [20 sticks] 2.21 (IDR 35,000) | A Mild [16 sticks] 1.83 (IDR 29,000) |
| Brunei Darussalam | N/A | Djarum Super 5.11 (BND 6.90) |
| Singapore | Marlboro 11.49 (SGD 15.50) | N/A |
*Djarum Super was the most popular brand prior to 2014. There are no licensed tobacco importers and retailers in Brunei since May 2014. Hence, there are no cigarettes being sold legally in the country.
Support Tobacco Control in ASEAN
Your donation helps strengthen tobacco control efforts across Southeast Asia, funding critical programs that save lives, promote healthier communities and protect future generations from the harms of tobacco. Every contribution makes a difference.