Report to the Conference of the Parties on the Implementation of the Framework Convention on Tobacco Control

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Part IV: Legislative, executive, administrative and other measures

• 6. Tobacco advertising and sponsorship
  
  1. Applying restrictions, in the absence of a comprehensive ban, on all tobacco advertising, promotion and sponsorship
  2. Restricting or instituting a comprehensive ban on cross-border advertising, promotion and sponsorship originating from its territory
  3. Prohibiting all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that are false, misleading, deceptive or likely to create an erroneous impression
  4. Requiring that health or other appropriate warnings or messages accompany all tobacco advertising and promotion and sponsorship
  5. Restricting the use of direct or indirect incentives that encourage the purchase of tobacco products by the public
  6. Requiring the disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet permitted
  7. Restricting tobacco advertising, promotion, sponsorship on radio, television, print media and other media, such as the Internet
  8. Prohibiting or restricting tobacco sponsorship of international events, activities and/or participants therein

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6. Tobacco advertising and sponsorship

(a) Applying restrictions, in the absence of a comprehensive ban, on all tobacco advertising, promotion and sponsorship

Tobacco advertising, promotion and sponsorship are comprehensively restricted in Canada. Under the  Tobacco Act, 'lifestyle' advertising is defined and prohibited (section 22). Section 24 of the same Act prohibits sponsorship promotion.

Other provisions within the Act prohibit testimonials and endorsements (s. 21), sales promotions (s. 29) and some forms of tobacco product-related brand displays (s. 27).

The  Tobacco Act permits tobacco promotion defined as "information" ["information advertising" means advertising that provides factual information to the consumer about (a) a product and its characteristics; or (b) the availability or price of a product or brand of product] and "brand preference" advertising ["brand preference advertising" means advertising that promotes a tobacco product by means of its brand characteristics], in:

• a publication that is provided by mail and addressed to an adult who is identified by name;
• a publication that has an adult readership of not less than eighty-five per cent; or
• signs in a place where young persons are not permitted by law.

The  Tobacco Act also prohibits any tobacco advertising "that could be construed on reasonable grounds to be appealing to young persons".

In 1988 the federal Tobacco Products Control Act banned all forms of tobacco advertising. Sponsorship advertising by way of manufacturers' corporate names (not cigarette brand names) was permitted. After the constitutionality of the Act was challenged, the Supreme Court of Canada ruled in 1995 that there was insufficient evidence that a total ban on advertising was required to reduce smoking and struck down key sections of the Tobacco Products Control Act.

In April of 1997 the  Tobacco Act was passed into law. The Tobacco Act was designed to accommodate the concerns expressed in the 1995 Supreme Court of Canada's ruling, by restricting tobacco advertising, promotion and sponsorship.

(b) Restricting or instituting a comprehensive ban on cross-border advertising, promotion and sponsorship originating from its territory

The  Tobacco Act, more specifically subsection 31 (3), prohibits the importation or transmission into Canada by way of foreign media on the part of anyone in Canada of tobacco advertising that is banned. The law does not address tobacco advertisements that may originate on Canadian territory, but are directed to points outside of Canada. At the present time, no such advertising is known to exist.

(c) Prohibiting all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that are false, misleading, deceptive or likely to create an erroneous impression

See response in Part IV, 5 (a).

(d) Requiring that health or other appropriate warnings or messages accompany all tobacco advertising and promotion and sponsorship

Section 33 of the  Tobacco Act permits the adoption of Regulations to require that messages accompany tobacco advertising. Such regulations are currently under development (see Appendix 4-A for the consultation paper). A summary of the responses received with regard to these proposed regulations is available at: http://www.hc-sc.gc.ca/hl-vs/pubs/tobac-tabac/consultation-advert-publicite/index_e.html

(e) Restricting the use of direct or indirect incentives that encourage the purchase of tobacco products by the public

Section 29 of the  Tobacco Act prohibits manufacturers or retailers from providing incentives for the purchase of tobacco products, providing free tobacco products or free merchandise with brand logos.

In addition, some provinces, such as Québec, have enacted legislation that further discourages the purchase of tobacco products by the public by making it illegal to sell tobacco in bars, at sporting and cultural events, and in buildings intended for sports, recreational, cultural or artistic activities.

(f) Requiring the disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet permitted

The  Tobacco Reporting Regulations require that manufacturers produce semi-annual reports that outline by brand family, and where applicable by brand, and by type of consumer product the following information:

• Advertisements in Publications
• Sponsorship
• Packaging
• Services
• Display at Retail
• Accessories
• Other Products

See Appendix 4-H for a template outlining the information provided by manufacturers.

(g) Restricting tobacco advertising, promotion, sponsorship on radio, television, print media and other media, such as the Internet

Tobacco advertising, promotion or sponsorship are not allowed on either radio or television. However, information and brand-preference advertising is permitted but restricted to a few forms of publications, which can be either in print or on the internet (see answers in Part IV, section 5. (a) and (b)). Subsection 31(2) of the Tobacco Act specifically exempts imported publications and re-transmissions of radio and TV broadcasts from the Act's restrictions.

(h) Prohibiting or restricting tobacco sponsorship of international events, activities and/or participants therein

Under section 24 of the  Tobacco Act: "No person may display a tobacco product-related brand element in a promotion that is used, directly or indirectly, in the sponsorship of a person, entity, event, activity or permanent facility."