World Health Organization Framework Convention On Tobacco Control - Non-parties

Non-parties

The United States is a non-party to the Framework Convention on Tobacco Control. When the signed treaty was put up for ratification, President George W. Bush failed to send the FCTC to the United States Senate for consideration, thereby preventing the full participation of the U.S in the implementation of the Framework Convention. In his book Cigarette Century, a finalist for the Pulitzer Prize, Allan Brandt characterizes Bush's reluctance in regards to the FCTC as "consistent with the failure to ratify other important conventions and the emerging ethos of American unilateralism."

Furthermore, the U.S. has sought to change certain provisions of the FCTC, but with limited success. Among the provisions opposed successfully were a mandatory ban on the distribution of free tobacco samples (which is now optional), a narrow definition of the term "minor" regarding the sale of tobacco (which now refers to domestic or national law) and broad limitations concerning the tobacco advertising, promotion and sponsorship (which were seen as violating free speech, and are now subject to constitutional limitations). Among the provisions unsuccessfully opposed by the U.S. were the requirement for warning labels to be written in the language of the country where the tobacco products are being sold, and the ban on deceptive and misleading descriptions such as "low tar" or "ultra-light", which might infringe on trademark protections.

To date there are 18 other non-party states, 8 (as the U.S.A.) that have signed but not yet ratified (Argentina, Cuba, El Salvador, Ethiopia, Haiti, Morocco, Mozambique, Switzerland) and 10 that have not signed (Andorra, Dominican Republic, Eritrea, Indonesia, Liechtenstein*, Malawi, Monaco, Somalia, Tajikistan, Zimbabwe).

• Note: Liechtenstein, although not a WHO Member State, is eligible to become a Party to the WHO FCTC as a UN Member State.