Credit: Secretariat of the WHO Framework Convention on Tobacco Control (WHO FCTC)
 
On February 27, policymakers worldwide will mark the 20th anniversary of the WHO Framework Convention on Tobacco Control (WHO FCTC), the first legally binding global health treaty of its kind. A Treaty That Saved Lives— But the Merchant of Death Still Walks Free

By Deborah Sy and Reina Roa Rodríguez
MANILA, Philippines / PANAMA CITY, Panama, Feb 27 2025 (IPS)

The world took a historic step in the fight against tobacco when the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) came into force—the first legally binding global health treaty of its kind.

Two decades later, it stands as one of the most widely ratified international agreements, with 183 Parties bound by law to safeguard public health from the grip of the tobacco epidemic. The FCTC’s impact has been transformative. Seventy-five percent of its members have implemented at least some of its provisions, saving millions of lives.

Governments have raised tobacco taxes and are able to point to a benchmark rate, introduced graphic health warnings and can refer to a global database of warnings, banned all forms of cigarette advertising to the extent that major social media platforms have algorithms to avoid tobacco advertisements, and treated the FCTC as the minimum standard it was meant to be—for example, by passing laws that require cigarette packs to be simple and free of branding (plain packaging).

Once feared as a trigger for international trade wars, tobacco control measures have been upheld in the World Trade Organization (WTO). With the power of the FCTC, the tobacco transnational’s rights to its brand name and right to sue governments as foreign investors have been trumped in favor of public health.

Despite the FCTC’s near-universal adoption, less than half of the Parties have implemented Article 5.3 measures to prevent industry interference. Yet, where enforced, these safeguards have proven effective, blocking tobacco-funded COVID-19 vaccines from being promoted as corporate social responsibility(CSR).

The treaty also set a global precedent for rejecting tobacco industry partnerships, with the United Nations Global Compact (UNGC) barring tobacco companies, the International Labor Organization (ILO) cutting industry funding, and UN agencies prohibiting tobacco-linked Sustainable Development Goals (SDGs) collaborations.

FCTC governance has also shaped anti-smuggling efforts. The treaty and its Illicit Trade Protocol have reinforced a key principle: the tobacco industry must not be part of the solution. Governments rejected the International Criminal Police Organization (INTERPOL)’s application for Observer status due to tobacco funding, while the industry-backed track-and-trace system ‘Codentify’ was discredited due to conflicts of interest.

Rebranded Industry in the Age of ESG and Sustainability

The treaty helped delay the projection of 1 billion tobacco deaths in the 21st century—but new tobacco products are creating a fresh crisis.

Despite all these victories in public health, the tobacco industry has been persistently a cog in the machine and has been allowed to not just survive but even evolve. Tobacco giants have pivoted to a new strategy that allows them to hide behind environmental, social, and governance (ESG) initiatives.

They invested in vaping, heated tobacco products (HTPs), and so-called “wellness” ventures, allowing them to create a “harm reduction” narrative while their products hook a whole new generation of youths, marketing themselves as public health allies while their products make people more vulnerable to chronic diseases.

Their CSR programs claim to support environmental sustainability—while they continue to sell the world’s largest source of plastic pollution: cigarette filters. Despite the fact that the UN Agency that shaped ESG trends has shunned tobacco as an ESG-compliant investment, national policies on ESG or CSR reporting are at risk of condoning this.

The COP and the “Dirty Ashtray” Delegations

With the introduction of novel products, tobacco companies gained a newfound sense of credibility and legitimacy, enabling them to influence national policies to exempt vaping from smoke-free laws and advertising ban, ultimately increasing youth exposure to and dependence on recreational addictive products.

The combination of the novel product with new narrative, CSR, direct lobbying, and revolving door appointments of senior government officials has allowed the industry’s influence to grow, even reaching the FCTC’s governing body, the Conference of the Parties (COP) — where tobacco industry arguments have successfully been used to weaken policy language and delay decision-making.

As a result, the FCTC COP failed to take a stronger stance on fully protecting the youth from recreational addictive devices, despite global youth-led coalitions demanding the same.

A Financial Solution: Making Big Tobacco Pay

To those gathering to mark the treaty’s 20th anniversary, a pressing question looms: Will the FCTC’s third decade be the one where Big Tobacco will stop causing harm?

The United States (U.S.) Master Settlement Agreement (MSA) forced the industry to pay $206 billion to U.S. states for healthcare costs. However, such rare legal victories have not succeeded in deterring misconduct. Even the recent Canadian lawsuit demonstrated how Big Tobacco can evade accountability through insolvency proceedings.

Governments need to go beyond litigation and adopt new financial mechanisms to hold the tobacco industry financially accountable: Tobacco companies should be forced to cover health and environmental costs through a polluter pays principle. Specialized tribunals could be designated to process claims without lengthy court battles.

A coordinated effort to harmonize sanctions and costs for harms can prevent Big Tobacco from exploiting regulatory loopholes across countries. Parties can consider establishing a Global Tobacco Control Fund modeled after vaccine injury or environmental compensation funds financed through mandatory industry contributions.

Towards Health Through Justice and Denormalization of the Tobacco Industry

The past decade has seen over 40 countries ban e-cigarettes and many exploring endgame strategies for a cigarette-free world. Belgium proposed a European Union (EU) – wide cigarette butt ban, and an immediate ban was backed by WHO in plastics treaty talks.

This decade also saw machine learning revolutionize real-time monitoring of tobacco industry interference and CSR strategies, curbing digital marketing, and tracking illicit trade. Meanwhile, youths are demanding financial accountability for generational harms.

In the coming decade, the $1.4 trillion annual global cost of smoking will grow to include lost opportunities, rehabilitation expenses for a generation of addicted youth, and the devastating environmental impact of the tobacco industry.

Governments must fully enforce the treaty—particularly Article 18 on environmental protection and Article 19 on liability—to hold tobacco companies financially accountable for the harm they cause, ensuring penalties that deter future misconduct. To stay relevant, the FCTC must continue expanding its influence beyond health, addressing policies on ESG, taxation, finance, and plastics regulation.

The world came together in 2005 to declare that tobacco must be controlled and reduced. In 2025, it must declare that Big Tobacco must be held accountable for 8 million lives lost each year. The merchants of death must not walk.

Atty. Deborah Sy, Head of Global Public Policy and Strategy at the Global Center for Good Governance in Tobacco Control (GGTC), is a legal expert in global health and tobacco control. She has played a key role in strengthening global policies on tobacco taxation, industry interference, liability, and environmental protection from tobacco.

Dr Reina Roa Rodríguez currently sits as the President of the Bureau of the FCTC COP and is a globally recognized leader in tobacco control. A technical-political expert at the Panamanian Ministry of Health and a professor of epidemiology and biostatistics, she has played a pivotal role in advancing FCTC implementation at national, regional, and global levels.

IPS UN Bureau

Follow @IPSNewsUNBureau