Kenya

Section 4 of the Tobacco Control Act authorizes the Minister to prescribe information that manufacturers shall provide to the Tobacco Control Board, including information on advertising data. However, advertising activities and expenditures are not among the disclosures required under the Tobacco Control Regulations.

Since the law allows and/or is unclear regarding some forms of tobacco sponsorship, it is particularly important for the government to monitor tobacco industry advertising activities and expenditures on these 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.

Advertising and promotion of tobacco products are banned under the law. Although the law is unclear regarding some forms of financial sponsorship (but not publicity of that sponsorship), it is clear that advertising and promotion of sponsorship are banned. Therefore, there should be no permitted forms of advertising requiring a health warning.

The law does not require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures. Therefore, such information is not readily available to the public.

However, the Tobacco Regulations require that "all information, reports and documents related to the implementation of the act are accessible to the public." Therefore, any disclosed information (such as required disclosure of ingredients and sales information) must be readily available to the public. This provision would apply if/when disclosure of advertising activities and expenditures is required.

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