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Finally, Republic Act No. 9211, or the Tobacco Regulation Act of
2003 is fully in effect. All forms of tobacco advertising in mass
media are now prohibited. Did you notice? With the increasing
awareness and evidence of the harmful effects of smoking and the
snowballing anti-smoking movement globally, it is time we cut big
tobacco to size. But first, on human stupidity.
We know smoking is bad for the health. We know
shabu is bad for the health. Why is cigarette allowed while shabu is
criminalized? It is not a matter of degree of addiction or the price
or the social acceptability. If it is bad for people, it ought to be
stopped. Sounds simple enough until big tobacco comes in with its
lobby and a host of workers with families dependent on the tobacco
industry.
The solution is to paste government warnings on
smoking labels that “smoking is hazardous to your health,”
“tobacco can harm your children,” “smoking kills,” and
“cigarettes are addictive.” The signs point to a consensus that
smoking is harmful and yet we work out a compromise and allow the
continued sale of cigarettes provided they warn users of the
consequences. It’s human stupidity or its capacity for
self-deception. Either it is injurious or it is not. If it is,
banish it from the commercial landscape. From my circle of friends
who smoke, I don’t think any or all of these warnings matter.
The next argument is “Hey, we warned you about
it. It is your choice. You have free will.” The same is true for
drugs, drunk driving and death-defying stunts. The issue is not the
freedom to choose; it is about public good. It is a fallacy to think
that since it is our body, our life and our choice, we can do
whatever we want. When our families and relationships are affected
and the social and moral order breaks down, then we must step in to
prevent and act.
Smoking is addictive. It is designed to hook. We
see the countless smokers who perpetually try to quit but can’t.
They seem so helpless at the same time so determined: conflicted in
their desire and wants for a smoke and the knowledge that they
should not, given the coughing and the wheezing. It is a pitiful
situation and a scheming one for big tobacco. Give a child a basket
of goodies and he will devour it even if it is laced with poison.
The test of sincerity of big tobacco remains the
golden rule: do their officers smoke? Do they allow their children
to smoke? While we are at it, why don’t we ask why people smoke at
all. If there are real benefits or positive effects, then let’s
range it against the negative and destructive ones. Otherwise, the
conclusion is the same—why have smoking in the land.
Back to the law, smoking is absolutely
prohibited in places for persons under 18 years old, elevators and
stairwells, locations with fire hazards, medical premises of any
kind, public conveyance and public facilities and food preparation
areas.
In enclosed places that are open to the general
public or private workplaces where smoking may expose a person other
than the smoker to tobacco smoke, the owner or manager is to
establish smoking areas in an open space or separate area with
ventilation but not be located within the same room that is the
non-smoking area.
This section is often ignored and not fully
implemented. If at all, it is a cursory or arbitrary designation of
smoking versus non-smoking areas with smoke floating across, in and
out. Some supervisors especially in the City of Taguig claim that it
is applicable only in Makati with its strict anti-smoking ordinance.
This is erroneous. The law applies everywhere and city ordinances
can only impose additional measures or sanctions not lessen it. The
first offense for owners and managers is a fine of P500 to P1,000,
the second offense, P1,000 to P5,000 and on third offense, P5,000 to
P10,000 and the business permits and licenses to operate cancelled
or revoked.
Let’s see how big tobacco reacts and how our
health holds up.
mabinihall@gmail.com
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