Last updated: December 15, 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
Section 11 of the Public Health (Tobacco) Act (PHA) 2004, amending Section 40 of PHA 2002, requires a manufacturer to provide information related to the sale and marketing, including expenditure, of tobacco products as and when requested. Section 6 of the 1991 Regulations (SI No. 326/1991) likewise requires disclosure to the Minister of expenditure on advertising and sponsorship. Further, SI No. 408/1996, amending Section 19 of the 1991 Regulations, requires approval by the Minister for expenditures, including expenditure limits, on tobacco advertising, promotion and sponsorship. The law aligns with FCTC Art. 13 and the FCTC Art. 13 guidelines in that it requires disclosure to the government on APS activities and expenditures and goes further than the Guidelines in requiring approval for limits on APS expenditures.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
The law does not require health warnings on advertising, promotion and sponsorship because the ban on tobacco advertising, promotion and sponsorship is comprehensive. However, a few limited forms of advertising and promotion (such as brand stretching) 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
Section 12 of the Public Health (Tobacco) Act (PHA) 2004, amending Section 41 of PHA 2002, provides that the government may publish disclosed information in such a manner as it considers appropriate. However, the law does not require public disclosure. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines para. 42, the law should require that disclosed information be readily available to the public.