After reading Restrictions on Tobacco Promotions under Tobacco Regulation Act of 2003, read also Restrictions on Advertising under Tobacco Regulation Act of 2003
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Promotions refer to events or activities organized by a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product
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Tobacco promotions must be directed only to persons at least eighteen (18) years old
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The participants in promotions must be required to provide proof of age
P romotions refer events or activities organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product. It includes the paid use of tobacco products bearing the brand names, tradenames, logos, etc. in movies, television and other forms of entertainment.
What are the restrictions on tobacco promotions?
The law says:
Under Republic Act No. 9211 or “An Act Regulating the Packaging, Use, Sale Distribution and Advertisements of Tobacco Products and for Other Purposes”, the following restrictions shall apply on all tobacco promotions:
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Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age;
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Communications to consumers about tobacco promotions shall comply with the law governing tobacco advertising. In addition to the required health warning, the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers;
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All stalls, booths and other display concerning tobacco promotions must be limited to point-of-sale of adult only facilities;
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Telephone Communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings on tobacco advertising.
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No placement shall be made by manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program or motion picture produced for viewing by the general public or in a video, or optical disc or on video game machine;
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The name, logo or other indications of a cigarette brand may appear on cigarette lighters, ashtrays, of other smoking related items. If such name, logo or other indications of the cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings on tobacco advertising;
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No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly, with the name, logo or other indications of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only;
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No name, logo or other indications of a cigarette brand or element of a brand-related marketing activity, may appear on items that are marketed to or likely to be used by minors such as but not limited to sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to prevent third parties from using the company’s brand names. Logos or other proprietary material on products that are directed toward minors; and
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No tobacco advertisements may be placed on shopping bags.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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