LANGUAGE
Last updated: September 18th 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

Required
Analysis:

The Tobacco Products Act requires a manufacturer of tobacco products to provide to the Minister of Health, in the prescribed manner and within the prescribed time, “the information about any promotion undertaking that is about to be done or which was done and to which certain information have been requested for by the Minister.” Therefore, disclosure of promotional activity is required, if requested.

However, to fully align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 41, the law should require disclosure of all advertising, promotion and sponsorship activities, not just promotional activities. In addition, the law should require disclosure at regular intervals, not only upon request.

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

Required
Analysis:

Section 17(3) of the Tobacco Products Act (TPA) requires that all permitted advertising contain one of the ten health warnings set out in the Second Schedule of the TPA. The TPA is silent on whether promotional and sponsorship messages must display a health warning; this is interpreted as not requiring health warnings on promotional and sponsorship messages.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require that health warnings accompany all permitted tobacco advertising but also, “as appropriate, promotion and sponsorship” (FCTC Art. 13.4(b)).

Law Source, Section

Disclosed information readily available to the public

Not Required
Analysis:

The Tobacco Products Act does not require disclosed information to be made readily available to the public.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 42, the law should require that disclosed information is readily available to the public.