Last updated: August 8th 2022

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:

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, 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

Required
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Analysis:

Section 14(6)(b) of the Smoking Ordinance requires a health warning on price boards. However, the Smoking Ordinance does not other permitted forms of tobacco advertising, promotion, and sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, health warnings should be required on 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 warnings be given at least equal prominence to the advertising, promotion, or sponsorship.

Disclosed information readily available to the public

Not Required
Analysis:

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.