Last updated: April 13, 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 require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditure (such as retailer incentive programs and non-publicized sponsorship). The law allows for some limited forms of tobacco advertising, promotion and sponsorship and, therefore, tobacco industry disclosure should be required.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditure.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
The law requires health warnings to accompany permitted tobacco advertising and promotion in two instances. First, under Sec. 9(b) of the Tobacco Control Regulations, 2016, any unpaid depiction of tobacco products or use must be accompanied by an anti-tobacco advertisement at the beginning of the entertainment media. Second, at the point of sale (where product display is permitted), retailers must display a health warning poster of not less than 420 mm by 594 mm.
To more 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. 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 to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures. Therefore, such information is not readily available to the public. The law allows for some limited forms of tobacco advertising, promotion and sponsorship.
Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures, and make such disclosures readily available to the public.
