Last updated: February 3, 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
Decree 602 requires that "Every year before June 30, manufacturers and importers of tobacco products must submit to enforcement authorities a report specifying and itemizing all advertising or promotion that has been undertaken in the preceding fiscal year. This information must include, at least, the type of advertising or promotion, including its content, form and type of communications medium, and the location and duration or frequency of the advertising or promotion."
The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with regard to disclosure of specified information on tobacco APS activities.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
Health warnings are required on permitted forms of tobacco advertising and promotion. Health warnings must be written in black letters on white background, must occupy 20% of the surface area of the advertisement, and contain one of ten authorized text messages and pictures. The pictures must be located on the right side or lower portion of the health message.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to requiring health warnings on all permitted forms of advertising. However, the FCTC Art. 13 Guidelines state that “Parties should consider giving health or other warnings and messages accompanying any tobacco advertising, promotion and sponsorship at least equal prominence to the advertising, promotion or sponsorship.” Therefore, to more fully align with best practice, as reflected in the FCTC Art. 13 Guidelines, the law should require that health warnings occupy at least 50% of advertising space.
Disclosed information readily available to the public
The law requires disclosure of information on tobacco industry APS activities. However, the law does not state whether this information must be made readily available to the public. Therefore, the regulatory status code "Uncertain" is given.
To align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly state that disclosed information on APS must be made readily available to the public, in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.
