Last updated: September 17, 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
The law does not provide for this disclosure, as required by FCTC Art. 13.4(d). Since the law allows some forms of tobacco advertising, promotion and sponsorship (APS), tobacco industry activities and expenditures on these activities are particularly important information for the government to monitor tobacco industry APS activities.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require disclosure of specified information on tobacco APS and on APS expenditures in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines para. 41.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
Law No. 9294, Art. 3(2) requires advertising to contain a written and spoken warning whenever possible about the harmful effects of tobacco, following statements established by the Ministry of Health.
Although advertising at points of sale is prohibited, the display of tobacco products is still allowed. The law requires that all display cases and stands include rotating pictorial health warnings covering 20% of the surface of each case or stand.
It is not clear whether the warning requirement applies to the forms of tobacco sponsorship interpreted to be legally permissible. 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 communication, recommendation or action 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.
Disclosed information readily available to the public
The law does not provide for public availability of information required to by disclosed by the tobacco industry.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.
