http://www.jstc.or.jp/E-mail desk@nosmoke55.jp〒162-0063 東京都新宿区市谷薬王寺町 30-5-201
Tel 03-5360-8233 FAX 03-5360-6736

31 August 2018
Mr. Taro Aso, Minister of Finance
Mr. Seiko Noda, Minister for Internal Affairs and Communications
Mr. Taro Kono, Foreign Minister
Manabu Sakuta, MD, Chairperson,
General incorporated association Japan Society for Tobacco Control
Regarding the goals of the Framework Convention on Tobacco Control(WHO FCTC)
Tobacco publicity, advertising should be banned (revisit)
Chronicle
Last year on July 19, Yasuhisa Shiozaki, then the Minister of Health, Labor and Welfare stated that,"In Japan, JT's television commercials are routinely broadcast, which should be a surprising story
for the world. And although they do not show tobacco itself, images shown in smoking rooms are
effectively the same as tobacco advertisements. I must say that this is a violation of the treaty.
The Ministry of Foreign Affairs deals with the treaty, and I must also say this to the Ministry ofFinance, the proper regulatory authority of the tobacco industry."[Source] Business Journal August 18, 2017
http://biz-journal.jp/2017/08/post_20234.html
The Framework Convention on Tobacco Control (FCTC) starts by determining the purpose andgeneral principles, and then determines the details of protocol, annexes and guidelines throughconsensus, which become legally binding each country. The Japanese government has agreed withthese guidelines, and is in concert with the treaty. However, the Ministry of Foreign Affairs has not
yet translated the guidelines, suggesting a lack of commitment to the guidelines.
Nations that have agreed to the FCTC, except Japan, generally comply with FCTC guidelines. For
example, the guidelines in Article 13 include the following as a comprehensive ban on tobacco
advertising, marketing promotion, and sponsored acts by tobacco companies.
· All advertising, marketing promotion, and sponsored acts (exceptions are not allowed)· Direct and indirect advertising, marketing promotion, sponsored activities· Acts for the purpose of marketing promotion, and acts that may bring about or might have theeffect of marketing promotion· Encouraging the use of tobacco and tobacco products· Communication, promotion and activities for purpose of profit· All types of donation to any event, activity or individual· Advertising and promotional activities for selling brand name tobacco and for the tobacco industry
itself· Conventional means to provide information (print · TV · radio) as well as the internet, mobilephones, movies and other means using new technologies
Recently, there has been a serious problem for JT because children are seeing tobaccocommercials during the time when children typically watch TV. It might think that publicity andadvertising of tobacco companies have only voluntary restrictions, but it is time for the government
to prohibit these activities completely. This is what FCTC demands.
The Ministry of Foreign Affairs and the Ministry of Finance assert the legitimacy of current tobacco
advertisements as follows.
· Because of constitutional principles, Japan is not in a position where a comprehensive prohibition
can be implemented for tobacco advertisements.
· Specifically, Article 22 of the Constitution guarantees "freedom of business" and Article 21
guarantees "freedom of expression".
· Article 13 of the FCTC stipulates that "Parties that are not in a situation to comprehensively
prohibit the constitution or constitutional principles of their country will impose restrictions on all
tobacco advertising, marketing promotion and sponsorship", so Japan does not need to"comprehensively prohibit" and "imposing restrictions" ought to be good enough.
· Japan "imposes restrictions" regularly.
However, although it is claimed that "imposing restrictions" is sufficient; tobacco advertising,marketing promotion, sponsored activities and other activities are not being completely restricted.
The commercials that are currently being broadcast on TV are also violating the Ministry ofFinance Notification and Voluntary standards:① Ministry of Finance Notification· Violation of "not attracting the attention of minors"· Violation of "not misleading about the harmful effect of tobacco on health"· Violation of "no advertisement contents and methods that show smoking in a positive way"
· Violation of "targeting only adults"②Voluntary standards· Applicable violation of "evoking specific products and brands":
by saying "do not use fire" or "do not smoke", and also by showing someone holding a "tomorrow"brand device, which is clearly longer than a regular cigarette, in a TV commercial evokes thespecific product "Ploom Tech".
https://m.youtube.com/watch?feature=share&v=JOiQ7DAUsZ0· Through television media, using publicity and advertising as stated above, as well as otheractivities
As mentioned above, this case is clearly violating the Ministry of Finance Notification · Voluntarystandards. Thus, the Tobacco Business Act Article 40, Paragraph 3 "Recommendations" · andParagraph 4 "Announcements", request administrative recommendations to remedy the situationand prompt, ongoing improvements.
Saying that Japanese tobacco advertisements are "imposing restrictions" is not an accurate
statement, and according to the recommendations and announcements of the Tobacco Business Law,such actions are inadequately regulated.
Entrusting only voluntary restrictions can not protect the health and lives of citizens, and according
to the goals of the Tobacco Control Framework Convention (FCTC), we should promptly andthoroughly prohibit the publicity and advertising of tobacco.
This letter was sent on August 24th last year, but I send it again.
This is the end.