Last updated: May 23, 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). Since the law allows some forms of tobacco advertising, promotion and sponsorship (APS), 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
The law requires health warnings in English or Filipino to be included on permitted tobacco advertising within point-of-sale establishments and tobacco advertising associated with permitted tobacco sponsorship, as well as permitted tobacco promotions.
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 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 public availability of information regarding advertising, promotion and sponsorship required to be disclosed by the tobacco industry. However, governmental agencies are required to publicly disclose any information that would facilitate the enforcement of policy against tobacco industry interference such as reports on any interactions with the tobacco industry, any preferential treatment given to the tobacco industry, and any offer of donation to a public official or employee 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.
