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Tobacco Products Control Act, 1993 (Act No. 83 of 1993)

3. Advertising, sponsorship, promotion, distribution, display and information required in respect of packaging and labelling of tobacco products



a) No person shall advertise, or promote, or cause any other person to advertise or promote, a tobacco product through any direct or indirect means, including through sponsorship of any organisation, event, service, physical establishment, programme, project, bursary, scholarship or any other method.
b) A commercial communication between a tobacco manufacturer or importer and its trade partners, business partners, employees and share holders, must contain no other information except for factual information about the tobacco product, its characteristics, its availability or price, pictures of the tobacco products, the component parts and their packaging.


2) No manufacturer, importer, distributor or retailer of tobacco products shall-
a) organise or promote any organised activity that is to take place in whole or in part in the Republic;
b) make any financial contribution to any organised activity that is to take place, or is taking place, or has taken place in whole or in part in the Republic;
c) make any financial contribution to any person in respect of-
i) the organisation or promotion of any organised activity in the Republic by that person;
ii) the participation, by that person, in any organised activity that is to take place, or is taking place in whole or in part, in the Republic.


3) A manufacturer or importer of a tobacco product may make a charitable financial contribution or sponsorship, provided that such contribution or sponsorship is not for the purpose of advertisement.


4) [deleted by the Tobacco Products Control Amendment Act, No. 63 of 2008].


5) Notwithstanding the provisions of subsections (1), (2) and (3), the Minister may prescribe exemptions for unintended consequences or the phasing out of existing sponsorship or contractual obligations.


6) No person shall package or label a tobacco product in any way that is false, misleading, deceptive or likely to create any erroneous, deceptive or misleading impression about its characteristics, properties, health effects, toxicity, composition, merit, safety, hazards or emissions, including any term, descriptor, trade mark, figurative or other sign that directly or indirectly creates the impression that a particular tobacco product is less harmful than another tobacco product.


7) No person shall manufacture for sale in the Republic, import for subsequent sale or sell a tobacco product—
a) unless the tobacco product is packaged in the prescribed manner; and
b) in a package or containing a label that contains false or misleading information or that is calculated to deceive the user of such product.


8) A wholesaler shall display a tobacco product at his or her place of business in the prescribed manner.


9) A retailer shall display—
a) a notice in the prescribed manner in his or her place of business that contains the prescribed information regarding any tobacco product available at his or her place of business; and
b) a tobacco product at his or her place of business in the prescribed manner and in such a way that no person shall be able to handle the tobacco product before paying for it.


10) No person shall sell or offer to sell tobacco products at retail, unless the prescribed notices are displayed.


11) This section must not be construed as limiting, amending, repealing or otherwise altering any legal obligation or liability in terms of any other law to warn consumers of the risks of using a tobacco product which a manufacturer, importer or retailer is bound by.