Last updated: December 6, 2021
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 because there is a comprehensive ban on tobacco advertising, promotion and sponsorship in place. However, some forms are advertising are still permitted at some points of sale and some promotional practices (e.g., retailer incentive programs) may not be covered under the ban. Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, disclosure should be required. FCTC Art. 13 Guidelines para. 43 provides that, while the requirement for this kind of disclosure applies only to Parties that do not have a comprehensive ban, all Parties should implement the disclosure requirement in that it may help Parties that consider that they have a comprehensive ban to identify any advertising, promotion or sponsorship not covered by the ban or engaged in by the tobacco industry in contravention of the ban.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
The TAPA (Specialist Tobacconist) (Scotland) 2004 Regulations require a health warning on advertisements inside specialist tobacconist shops, occupying 30% of the ad space or at least 22.5 cm2 if the advertisement is greater than 75 cm2. A warning must also be posted on displays of tobacco products or smoking-related products in specialist tobacconists, under the Sale of Tobacco (Display of Tobacco Products and Prices etc.) (Scotland) Regulations 2013.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, which recommend the adoption of health messages where tobacco advertising is still permitted by the law.
Disclosed information readily available to the public
The law does not provide for tobacco industry disclosures and therefore does not require that disclosed information be readily available to the public. To align with 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.