Last updated: May 7, 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 disclosure to the government by the industry of information on advertising, promotion and sponsorship (APS) activities and expenditures, as required by 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 tobacco APS activities is particularly important for the government to receive 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
The law only requires health warnings to be displayed on the screen during scenes where tobacco use is essential to the story (other paid placement or unpaid depiction in other television, radio, Internet, stage program, or other mass media is prohibited). The 2015 Rules contain further details about the required health warning to be displayed. No other health warnings are required on any of the limited forms of advertising, promotion and sponsorship still permitted under the law.
To fully 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 provide for tobacco industry disclosures and, consequently, the availability of these disclosures to the public.
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 in accordance with FCTC Art. 13(4)(d) and FCTC Art. 13 Guidelines paras. 41 and 42.
