Last updated: January 25, 2022

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
Gavel
Expand to view related litigation
Analysis

Firms operating in the tobacco sector are required to submit any information about their products, including information on their marketing and other activities, within 15 days when requested by the Ministry of Health.

Although an automatic disclosure would be preferable, this requirement aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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

Not Required
Analysis

The law has no specific mention of health warning messages required on advertising, promotion and sponsorship.

To 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 provide for public availability of information required to be disclosed by the tobacco industry.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.