Anti-Tobacco Advocates’ Letter to DTI Asking Probe of Eraserheads Concert

From the foregoing, a violation of the ban on sponsorship occurs upon the concurrence of two elements: (1) the tobacco company sponsors, among others, any concert or performer; and (2) such sponsorship requires or involves the advertisement or promotion of any tobacco company, tobacco product or tobacco use, logo, trademark, etc.

Sec. 4(q) of RA 9211 defines “sponsorship” as “any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand or tobacco product, which event, team or activity would still exist or occur without such a contribution.” (emphases supplied).

It can easily be deduced from the response of PMI’s President and CEO that it has chosen the team of Eraserheads for its “promotional event” which activity will not come about without substantial contributions to the talent fees of this popular band. Sponsorship is thus very evident in this case.

The second element, which is the involvement of “advertisement” or “promotion” is likewise present.

“Promotion” refers to “an event or activity organized by or on behalf of a tobacco manufacturer …with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer…”

Civil society is of the belief that there is no clearer embodiment of “promotion” as defined above than what PMI is now attempting to do in sponsoring this Eraserheads concert.

“Advertisement” is likewise prevalent in the manner by which PMI has aggressively used viral marketing to induce Eraserhead fans to register on its Marlboro website to “obtain” invitations to the event. Advertisement is defined under the law as “any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, design, images or any other means through ….electronic … form of mass media.” The manner by which PMI has utilized the electronic media to stir interest and create hype about this event, lure both smokers and non-smokers alike to its website with the expectation of obtaining an invitation, thereby creating much publicity and getting electronic media mileage about “MARLBORO”, its product name, is nothing but plain and simple, out-and-out advertisement. This is not to mention the thousand, if not millions, of “adult” registrants who are by now or in the future will become part of PMI’s database, easily accessible to its other forms of advertisements through the electronic media.

Taking this a step further, the IAC-T is also urged to look into possible violation of the law’s separate prohibition against tobacco advertising in all forms of mass media.

It should be recalled that RA 9211 has also imposed a total ban on tobacco advertising in mass media starting July 1, 2008, except in point-of-sale retail establishments.

“Advertising” is defined under Sec. 4(b) of the law as referring to “the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.”

Sec. 1(1.4), Rule III of the Implementing Rules and Regulations of RA 9211 further defines “advertising” as referring to “ any messages and images promoting smoking; the purchase or use of cigarette or tobacco products; and cigarette or tobacco trademarks, brand names, design and manufacturer’s names.”

“Mass Media” under Sec. 4(f) of RA 9211 “refers to any medium of communication designed to reach a mass of people,” including “…. electronic media such as but not limited to the internet”.

By PMI’s own admission, invitations to its “promotional event” can be obtained electronically by registration in its website, and is open to trade partners and adult “smokers” only. By granting a special privilege to a particular class, the “smokers”, PMI is effectively giving inducements to smokers in the form of an admission to a free concert, thereby promoting smoking, a prohibited act being purloined in the electronic media to entice smokers to keep on smoking.

IAC-T may do well to heed the call of Mr. Myers, President of the Campaign for Tobacco-Free Kids, in his statement in relation to a similar event, the Alicia Keys’ concert, which is quoted herein as follows: