| The Tobacco Products Control Act, which was enacted on June 28, 1988, prohibits tobacco product advertising. A public policy analysis framework that was adapted from Leslie Pal (1992) was utilized to provide an examination of the Tobacco Products Control Act. This framework takes into account the determinants, the content, and the implementation of a policy. The key determinants of the Tobacco Products Control Act were the health implications of smoking and the inability of the tobacco industry to effectively self-regulate. Anti-smoking and health-care groups contend that such legislation was necessary to prevent overall consumption levels from increasing and to assure that tobacco advertisements were not directed towards children. Meanwhile, tobacco industry representatives claim that its advertising was directed towards a "mature" market of existing smokers. From such a viewpoint, tobacco advertising does not influence overall consumption levels, but rather affects the market share of each cigarette brand.;Imperial Tobacco Ltd. and RJR-Macdonald Inc. have legally challenged the Tobacco Products Control Act, claiming it is an infringement of commercial expression as stated by Section 2(b) of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada must decide whether or not this claim is justified.;The sponsoring of cultural and sporting events by tobacco companies is still permitted under the Tobacco Products Control Act and as such is an opportunity for these companies to find loopholes in the existing legislation. The federal government has implemented a policy pertaining to national sport organizations (NSOs) and sport sponsorship by tobacco companies, but it is not applicable to NSO-sanctioned events that involve predominantly professional athletes. Some professional sports leagues have developed policies regarding tobacco advertising and sponsorship. Conclusions and recommendations are provided for how to overcome the Tobacco Products Control Act's numerous loopholes. |
