Advertising and Promotion of Tobacco Products Regulations,

L.N. 344 of 2010

TOBACCO (SMOKING CONTROL) ACT

(CAP. 315)

Advertising and Promotion of Tobacco Products Regulations,

IN exercise of the powers conferred by article 9 of the

Tobacco (Smoking Control) Act, the Minister for Health, the

Elderly and Community Care has made the following regulations:-

The title of these regulations is Advertising and

Promotion of Tobacco Products Regulations, 2010.

In these regulations, unless the context otherwise

requires

“cigarette decoys” means the pictorial representation

of cigarette and tobacco products illustrated on automatic

tobacco sales machine intended as an indication for the

consumer to make his desired selection;

“close proximity” means up to one meter from the point

of sale;

“responsible person” means any person who at any time

is performing, supervising or managing any operation being

carried out in any premises to which these regulations apply

and shall include any person acting on his behalf or on behalf

of his employer.

(1) No responsible person may advertise or allow to be Advertising of

advertised on any object, whether movable or not, any cigarettes, tobacco.

cigars, tobacco or tobacco products

Provided that in the case of existing advertising at

point of sale which is placed in close proximity to where

the tobacco products are displayed for sale and which is not

visible from the outside of the retail outlet, this provision

shall come into effect on the 1st January, 2011.

(2) This regulation shall not apply to tobacco

packaging unless such packaging is used in such a manner as to be

deemed as advertising of the tobacco product.

(3) Cigarette decoys shall only be allowed on premises

from which cigarettes, cigars, tobacco and tobacco products are

sold provided that such decoys carry the health warning: “Smoking

kills - It-tipjip joqtol”.

(4) Any such health warning shall be clearly legible

and shall not cover less than 30% of the surface of the decoy.

No responsible person may make use or allow to make

use of lotteries and other gift schemes intended for the promotion

and advertising of any cigarettes, tobacco and tobacco products.

It shall not be lawful for any responsible person to sell

or permit to be sold any product other than cigarettes and tobacco

products from automatic sales machines which are used to dispense

cigarettes and tobacco products.

These regulations shall be without prejudice to other

laws and regulations enacted to protect further the health of the

community from the effects of exposure to tobacco smoking.

The Ban on Advertising and Promotion of Tobacco

2005. Products Regulations, 2005 are hereby being revoked.

€0.19