Last updated: June 1, 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 provide for this disclosure, as required by FCTC Art. 13.4(d). Since the law allows 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. 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
All advertisements must contain two health warnings. The first warning must be one of the following five warnings: 1) Smoking tobacco causes cancer, 2) Use of this product causes cardiovascular disease, 3) Use of this product causes cancer of the mouth and pharynx, 4) Smoking tobacco causes miscarriage and fetal malformations in pregnant women, 5) Use of this product causes lung cancer. The second warning is: “Use of this product causes serious health damage.”
For print, graphic, billboard, and electronic media, the first warning must occupy 10% of the upper portion of the ad space and the second warning must occupy 10% of the lower portion of the ad space. For television and cinema advertising, the first warning must occupy 10% of the upper portion of the ad space and the second warning must occupy 10% of the lower portion of the ad space. These warnings must span the width of the advertisement and must be visible for the duration of the advertisement. For radio and mobile units, the first warnings must be spoken at the beginning of the ad, and the second warning spoken at the end of the ad.
To more fully align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 40 for permitted advertising, health warnings should be given equal prominence to the advertising.
Disclosed information readily available to the public
The law does not require disclosure and therefore 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 and make that information readily available to the public, in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.
