Following a complaint, between 20.05.2022 and 28.07.2022, an audit was carried out by a team of Auditors - Inspectors of the Directorate of Health and Welfare of the National Transparency Authority, to assess the legal framework governing the prohibition of advertising of new tobacco products on the internet (tobacco rolls and heating devices) and the legality of the practices followed by the companies producing, marketing and advertising the above products.
Findings from the Auditors - Inspectors audit:
- Regarding the legislative framework:
The relevant legislative framework is characterised by fragmentation and shows problems of clarity and consistency. For example, there is no explicit reference to the prohibition of advertising of heated tobacco product, as these products were produced after the entry into force of the law, unlike e-cigarettes which are explicitly mentioned.
No administrative sanctions (fines) are provided for infringements of the prohibition of advertising of all types of tobacco products on the Internet, only criminal sanctions, without specifying the persons against whom they may be imposed (the advertising companies or members of the management of the above-mentioned companies).
The penalties provided for in the current legislation do not appear to act as a deterrent to the advertising of new tobacco products on the internet, with the result that advertising continues, which risks attracting not only existing smokers but also new users of a younger age.
(b) Regarding the practices of companies:
Practices of companies manufacturing, importing and marketing new tobacco products (tobacco cylinders and heating devices) were identified on the Internet, which constitute a violation of the legislation on tobacco advertising, as, after having previously navigated to the websites of these companies, then while navigating to other websites of an informative nature, advertising windows appeared or advertisements of the products of the above companies were launched. In addition, publications in electronic media were identified at regular intervals, with direct and indirect advertising content, concerning the products of a particular company.
The Audit Report was forwarded:
- To the Addiction Prevention Directorate of the Ministry of Health with a proposal to ensure a) the establishment of a clear and coherent legislative framework for the prohibition of advertising of new tobacco products on the internet (including social media) b) the identification of the competent services for monitoring the compliance of the companies producing and marketing these products, c) the establishment of effective deterrent sanctions to the violators, mainly focused on the advertising companies and the clear definition of the relevant.
- To the Athens Prosecutor's Office of the Athens Court of Appeal for the criminal assessment of the provisions contained therein.