Last updated: September 21, 2022
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). Because the law allows, or it is unclear whether the law allows, some forms of tobacco advertising, promotion and sponsorship, tobacco industry activities and expenditures on these activities are particularly important information for the government to monitor tobacco industry APS activities.
FCTC Art. 13 Guidelines para. 43 provides 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.
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
Because the law intends to ban all tobacco advertising and promotion, the law does not require health warnings on permitted APS. However, it is unclear whether the law bans certain types of advertising, promotion and sponsorship.
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 communication, recommendation, or action 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 public availability of information required to be disclosed by the tobacco industry.
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.
