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Section 5 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 View Chapter 1

Prohibition of advertisement of cigarettes and other tobacco products.

   (1)  No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products.

   (2)  No person, for any direct or indirect pecuniary benefit, shall--

       (a)  display, cause to display, or permit or authorise to display any advertisement of cigarettes or any other tobacco product; or

       (b)  sell or cause to sell, or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product; or

       (c)  distribute, cause to distribute, or permit or authorise to distribute to the public any leaflet, hand-bill or document which is or which contains an advertisement of cigarettes or any other tobacco product; or

       (d)  erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product:

   Provided that this sub-section shall not apply in relation to--

       (a)  an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product;

       (b)  advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale.

   (3)  No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of--

       (a)  cigarettes or any other tobacco product; or

       (b)  any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.


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