South Africa

The TPCA authorizes the Minister to promulgate regulations requiring manufacturers and importers to disclose information regarding marketing expenditures. The Minister has not yet promulgated these regulations and therefore disclosure is not currently required.

Although South Africa has a comprehensive ban on advertising and promotion, charitable financial contributions are permitted if they are not publicized. FCTC Art. 13 Guidelines para. 43 provides 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. Thus, to align with the FCTC Art. 13 Guidelines, the law should require disclosure of activities and expenditures on advertising, promotion and sponsorship.

There is a comprehensive ban on advertising, promotion and sponsorship. At point of sale, the sales unit (cabinet, tray, shelf, etc.) containing the tobacco products must display a rectangular sign with the warning "SMOKING CAN KILL YOU. WE CANNOT BY LAW SELL TOBACCO PRODUCTS TO ANYONE UNDER 18 YEARS." A similar warning is required on vending machines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to requiring health warnings on permitted advertising, promotion and sponsorship.

The TPCA authorizes the Minister to promulgate regulations requiring manufacturers and importers to disclose certain information to the Minister and the public. The Minister has not yet promulgated these regulations and therefore public disclosure is not currently required.

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.