Last updated: August 7, 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
The law does not provide for this disclosure, as required by FCTC Art. 13.4(d). Since the law allows tobacco advertising, promotion and sponsorship, tobacco industry activities and expenditures on these activities are particularly important information for the government to monitor tobacco industry advertising, promotion and sponsorship 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 all advertising on all types of media. For visual or print media, the health warning must occupy 1/5 of the total advertising space. For television and radio, the warning must occupy 1/5 of the advertising time. The warning must be “conspicuous and easily readable/audible.” The warning must state: “WARNING: Smoking causes cancer and heart diseases – Ministry of Health.”
It is unclear how this warning applies to radio, where it must occupy 20% of airtime. It also is not clear whether the warning requirement applies to the forms of tobacco sponsorship interpreted to be legally permissible.
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
The law does not require disclosure of information; therefore, such information being available to the public is not applicable.
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.