LANGUAGE
Last updated: September 17th 2019

Action Required for Advertising, Promotion and Sponsorship Not Banned

Disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures

Not Required
Analysis:

No disclosure to the government by the tobacco industry of information on tobacco advertising, promotion and sponsorship activities and expenditures is required.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require that the tobacco industry gives information to the government on tobacco advertising, promotion and sponsorship activities and expenditures.

Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship

Required
Analysis:

The law requires on price lists given to tobacco retailers and vending machines a warning that the use of the product can be injurious to health and a list of any potentially harmful constituents and their quantities to appear on the advertisement. However, health warnings are not required beyond price lists and vending machines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the warning requirement should clearly apply to all forms of tobacco advertising, promotion and sponsorship not banned or not yet banned and to those very limited commercial communications, recommendations, or actions that might continue after a comprehensive ban. Further, FCTC Art. 13 Guidelines para. 40 provides that parties should consider requiring that health warning messages be given at least equal prominence to the advertising, promotion or sponsorship. Additionally, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the publication of emissions yields as part of the health warnings as these figures can be misleading to consumers.

Law Source, Section

Disclosed information readily available to the public

Not Required
Analysis:

The law does not require that tobacco industry disclosures to the government be readily available to the public. To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 41 and 42, the law should require tobacco industry disclosures to the government (para. 41) and that disclosed information is readily available to the public (para. 42).