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

Required
Analysis:

Although the law does not specifically require disclosure to the government of information on advertising and expenditures, a decree requires the State and the tobacco industry to be covered by the principle of transparency. Additionally a decree requires the tobacco industry to file semiannual reports for the Ministry of Tobacco that disclose profits, volume of products sold information about affiliates and subsidiaries, and any suits brought against the company for violations of APS regulations.

While it appears that the intent of the law is to compel the tobacco industry to disclose APS information to the government, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law could be strengthened by implementing a specific disclosure.

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

Required
Analysis:

The law bans most forms of advertising, promotion and sponsorship. However, point of sale advertising is permitted and health warnings are required at points of sale. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship.

Law Source, Section

Disclosed information readily available to the public

Required
Analysis:

The law requires that the government publicize tobacco industry disclosures to the public within thirty days of receipt unless that information is misleading, likely to serve as advertising for the company or its products.

The law aligns with best practice, as reflected in FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.