Last updated: December 5, 2023
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
The law does not provide for this disclosure and therefore does not align with FCTC Art. 13.4(d). Because the law permits some forms of tobacco advertising, promotion and sponsorship, information regarding tobacco industry activities and expenditures on APS activities is particularly important for the government to have in order to monitor such activities.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require disclosure of specified information on tobacco APS and on APS expenditures in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines para. 41.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
Health warnings are required on tobacco product packages, on signs at the point of sale, and in films, TV programs or online curated content (also referred to as over-the-top streaming content) when tobacco products or their consumption are depicted. At the point of sale, signs indicating that tobacco products are not sold to minors must be accompanied by a pictorial description of the ill-effects on tobacco use on health. Signs at point of sale entrances listing the tobacco products for sale must include a textual health warning – either “Tobacco causes cancer” or “Tobacco kills.” An anti-tobacco warning must be displayed for thirty seconds at both the beginning and in the middle of the TV program (including old films being shown on TV) and online curated content. In addition, a static message must be displayed at the bottom of the TV screen throughout the scene showing tobacco products or their use. The warning must state either “Smoking causes cancer” or “Smoking kills” where smoked tobacco products are shown, and either “Tobacco causes cancer” or “Tobacco kills” where smokeless tobacco products are shown. The same warning requirements apply to new films, with “new” defined as those films that are certified by the Central Board of Films after the effective date of the rules (note, in new films, depiction of tobacco products or their use is only permitted if there is a strong editorial justification).The same requirements for a static message also apply to online curated content and the static message must state "Tobacco causes cancer" or "Tobacco kills."
Disclosed information readily available to the public
The law does not provide for tobacco industry disclosures.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry and require that such disclosures be made available to the public in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.