Last updated: February 24, 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 Tobacco Control Act does not specifically require disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship. Because the Act provides for a comprehensive ban on tobacco advertising, promotion and sponsorship, disclosure is not required by FCTC Art. 13 and the FCTC Art. 13 Guidelines. However, the Tobacco Control Act (Sec. 43(1) and Sixth Schedule) does require numerous other types of disclosures by the tobacco industry that would encompass any forms of tobacco advertising, promotion and sponsorship carried out in contravention of the ban or that might escape the ban. For example, the Sixth Schedule requires tobacco industry disclosure of “contraventions of the Act or prosecutions”; information on lobbying related to tobacco control; information on conferences, seminars, workshops or events related directly or indirectly to tobacco control; and payments, gifts or contributions made to public officer holders, or a Government institution, body, board, commission, committee, work group, or other organ.
Accordingly, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
The Tobacco Control Act provides for a comprehensive ban on tobacco advertising, promotion and sponsorship. Therefore, the law does not require health warnings on permitted forms of advertising, as there are no permitted forms of advertising.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to health warnings on permitted forms of advertising.
Disclosed information readily available to the public
The Tobacco Control Act does not specifically require disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship. Because the Act provides for a comprehensive ban on tobacco advertising, promotion and sponsorship, disclosure is not required by FCTC Art. 13 and the FCTC Art. 13 Guidelines. However, the Tobacco Control Act (Sec. 43 and Sixth Schedule) does require numerous other types of disclosures by the tobacco industry that would encompass any forms of tobacco advertising, promotion and sponsorship carried out in contravention of the ban or that might escape the ban. For example, the Sixth Schedule requires tobacco industry disclosure of “contraventions of the Act or prosecutions”; information on lobbying related to tobacco control; information on conferences, seminars, workshops or events related directly or indirectly to tobacco control; and payments, gifts or contributions made to public officer holders, or a Government institution, body, board, commission, committee, work group, or other organ. Any information disclosed under these provisions shall be made available to the public.
Accordingly, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to disclosed information being readily available to the public.
