Last updated: May 30, 2023
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 require disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures. Since “philanthropic sponsorship” contributions are allowed and publicity of the contributions is banned only if the publicity is through mass media, sponsorship activities and expenditures should be required to be disclosed to the government.
In addition, 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.
It should be noted that the Commercial Law contains provisions that require prior registration of sales promotion activities and reporting on the results after the fact. This scope of this requirement, however, is not as comprehensive as required by FCTC Art. 13.4(d).
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures, as well as other relevant related information, should be required.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
The law requires that the depiction of tobacco use in films, where permitted for artistic purposes, be accompanied by text and picture health warnings. The law prohibits other forms of tobacco advertising and promotion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to requiring health warning messages.
Disclosed information readily available to the public
The law does not require disclosure to the public of information on advertising, promotion and sponsorship activities and expenditures.
In accordance with FCTC Art. 13 Guidelines paras. 42 and 43, the law should impose a disclosure requirement notwithstanding the complete ban and make the information from the report readily available to the public.
