New Zealand

The law does not require disclosure because there is a near comprehensive ban on tobacco advertising, promotion and sponsorship. FCTC Art. 13 Guidelines para. 43 provides, however, that while the requirement for this kind of disclosure applies only to Parties that do not have a comprehensive ban, 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.

There is a near comprehensive ban on tobacco advertising, promotion and sponsorship and, therefore, there is no general requirement for health warnings on advertising, promotion and sponsorship. Nonetheless, the law requires a health warning at each point of sale (retail or wholesale) and on each internet site (retail or wholesale) selling regulated products. The warning must do no more than communicate health information. At physical points of sale, the warning message may state or may include: “SMOKING KILLS Ka mate koe i te kai hikareti”. On internet sites selling tobacco products, the warning “SMOKING KILLS Ka mate koe i te kai hikareti” must appear at the top and bottom of each page containing the product and price regulation. Similar health warnings must appear on price lists made available by retailers.

The law does not require disclosure because there is a near comprehensive ban on tobacco advertising, promotion and sponsorship; therefore, information on advertising, promotion and sponsorship activities and expenditures is not available to the public. However, in accordance with FCTC Art. 13 Guidelines paras. 42 and 43, the law should impose a disclosure requirement notwithstanding the ban and make information readily publicly available. (Note that the law does require reporting and public disclosure regarding tobacco sales and additives to tobacco products.)