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ADVERTISING IS RISKY BUSINESS
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A party that is not in a position to undertake a comprehensive ban due to its constitution or constitutional principles shall apply restrictions on all tobacco advertising, promotion and sponsorship. This shall include, subject to the legal environment and technical means available to that party, restrictions or a comprehensive ban on advertising, promotion and sponsorship originating from its territory with cross-border effects. In this respect, each party shall undertake ...legislative,executive, administrative and/or other measures and report accordingly ...

As a minimum, and in accordance with its constitution or constitutional principles, each party shall: (a) prohibit all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that are false, misleading or deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions; (b) require that health or other appropriate warnings or messages accompany all tobacco advertising and, as appropriate, promotion and sponsorship; (c) restrict the use of direct or indirect incentives that encourage the purchase of tobacco products by the public; (d) require, if it does not have a comprehensive ban, the disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited...

(e) undertake a comprehensive ban or, in the case of a party that is not in a position to undertake a comprehensive ban due to its constitution or constitutional principles, restrict tobacco advertising, promotion and sponsorship on radio, television, print media and, as appropriate, other media, such as the internet, within a period of five years; and (f) prohibit, or in the case of a party that is not in a position to prohibit due to its constitution or constitutional principles, restrict tobacco sponsorship of international events, activities and/or participants therein.

Parties are encouraged to implement measures beyond the obligations set out ...Parties shall cooperate in the development of technologies and other means necessary to facilitate the elimination of cross-border advertising. Parties which have a ban on certain forms of tobacco advertising, promotion and sponsorship have the sovereign right to ban those forms of cross-border tobacco advertising, promotion and sponsorship entering their territory and to impose equal penalties as those applicable to domestic advertising, promotion and sponsorship originating from their territory in accordance with their national law...

Demand reduction measures concerning tobacco dependence and cessation: each party shall develop and disseminate appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices, taking into account national circumstances and priorities, and shall take effective measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. Towards this end, each party shall endeavour to: (a) design and implement effective programmes aimed at promoting the cessation of tobacco use, in such locations as educational institutions, healthcare facilities, workplaces and sporting environments;

(b) include diagnosis and treatment of tobacco dependence and counselling services on cessation of tobacco use in national health and education programmes, plans and strategies, with the participation of health workers, community workers and social workers as appropriate; (c) establish in healthcare facilities and rehabilitation centres programmes for diagnosing, counselling, preventing and treating tobacco dependence; and (d) collaborate with other parties to facilitate accessibility and affordability for treatment of tobacco dependence including pharmaceutical products ...Such products and their constituents may include medicines, products used to administer medicines and diagnostics when appropriate.

The parties recognize that the elimination of all forms of illicit trade in tobacco products, including smuggling, illicit manufacturing and counterfeiting, and the development and implementation of related national law, in addition to subregional, regional and global agreements, are essential components of tobacco control.

Each party shall adopt and implement effective legislative, executive, administrative or other measures to ensure that all unit packets and packages of tobacco products and any outside packaging of such products are marked to assist parties in determining the origin of tobacco products, and in accordance with national law and relevant bilateral or multilateral agreements...

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