LANGUAGE
Last updated: July 26th 2021

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:

The National Tobacco Control Act authorizes the Minister of Health to issue regulations that require manufacturers, wholesale distributors, importers, and any other seller of tobacco products to submit reports on a periodic basis that disclose compliance with the provisions on advertising, promotion and sponsorship.

The National Tobacco Control Regulations require manufacturers, wholesale distributors, and importers to annually report to the Ministry of Health expenses related to corporate social responsibility activities, and any offer or payment made to any political party, candidate or political campaign.  

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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

Required
Analysis:

The National Tobacco Control Act does not explicitly require health warnings on permitted forms of tobacco advertising, promotion and sponsorship, including the exemption in Sec. 12(2)(b) from the comprehensive ban on all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Section 12(4) allows for actions that have an “incidental promotional effect”, such as a price list of tobacco products at point of sale, unpaid depiction of tobacco use and tobacco products, trade information, trade newsletters, and trade reporting. Section 12(5) authorizes the Minister to promulgate regulations that require warnings on any of the actions listed in Sec. 12(4). The National Tobacco Control Regulations prescribe the text of such warnings as "Tobacco use cases fatal lung cancer and other dangerous effects on the health of users and those close to them" to be displayed in bold print in the same scene or page as the permitted advertising. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(4), 12(5)

Disclosed information readily available to the public

Required
Analysis:

The National Tobacco Control Act authorizes the Minister of Health to issue regulations that require manufacturers, wholesale distributors, importers, and any other seller of tobacco products to submit reports on a periodic basis that disclose compliance with the provisions on advertising, promotion and sponsorship. The Minister must make these reports accessible to the public.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.