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:

The law does not require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures. Although virtually all forms of domestic tobacco advertising, promotion and sponsorship are prohibited, some of the forms that may not be covered, including cross-border activities, could involve marketing expenditures by the tobacco industry.

FCTC Art. 13 Guidelines para. 43 provides, however, that while the requirement for this kind of disclosure applies only to Parties that do not have a comprehensive ban, all Parties should implement the disclosure requirement in that it may help Parties that consider that they have a comprehensive ban to identify any advertising, promotion or sponsorship not covered by the ban or engaged in by the tobacco industry in contravention of the ban.

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

Required
Analysis:

Price lists permitted at points of sale must include a health warning at the top of the sign across its full width. The letters of the warning must be at least 2 cm in height and 1.5 cm in width.

The law does not otherwise require health warning messages on permitted forms of tobacco advertising, promotion and sponsorship. Although virtually all forms of domestic tobacco advertising, promotion and sponsorship are prohibited, some of the forms may not be covered, including cross-border activities.

To fully 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.

Disclosed information readily available to the public

Not Required
Analysis:

The law does not require disclosure to the public of information on advertising, promotion and sponsorship activities and expenditures. Although virtually all forms of domestic tobacco advertising, promotion and sponsorship are prohibited, some of the forms that may not be covered, including cross-border activities, could involve marketing expenditures by the tobacco industry.

In accordance with FCTC Art. 13 Guidelines paras. 43 and 42, the law should impose a disclosure requirement notwithstanding the complete ban and make information from the report readily publicly available.