LANGUAGE
Last updated: September 16th 2020

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
Expand to view related litigation.
Analysis:

The Act requires that persons “provide the information necessary to prevent harm to health caused by tobacco products or tobacco substitutes or to carry out duties according to the Act.” While this provision could be used to require disclosure on advertising expenditures, there is no requirement for regular periodic disclosure of tobacco advertising expenditures. Although most forms of tobacco advertising and promotion are banned, some limited forms are not yet prohibited. Therefore, regular periodic disclosure should be required.

FCTC Art. 13 Guidelines para. 43 provides 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

Not Required
Analysis:

Although there is a rather comprehensive ban on advertising, some limited forms of advertising, promotion and sponsorship are not yet prohibited.

Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, health warning messages should be required on these remaining permitted forms of advertising.

Disclosed information readily available to the public

Not Required
Analysis:

Although there is a rather comprehensive ban on advertising, some limited forms of advertising, promotion and sponsorship are not yet prohibited. Therefore, periodic disclosures of APS expenditures should be required.

Moreover, FCTC Art. 13 Guidelines para. 43 encourages all Parties to 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. In conjunction with a disclosure requirement, the law should require that disclosed information be readily available to the public.