Section 23. Restrictions on Tobacco Promotions. ? The following restrictions shall apply on all tobacco promotions:
a. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco advertising. In addition to the required health warning, the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers.
c. All stalls, booths, and other displays concerning tobacco promotions must be limited to point-of sale locations or adult-only facilities.
d. Telephone communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings specified in this Act.
e. No placement shall be made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product package or advertisement as a prop in any
television program or motion picture produced for viewing by the general public or in a video, optical disc or on a video game machine.
f. The name, logo, or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items. If such name, logo, or other indicia of a cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings specified in this Act.
g. No merchandise such as, but not limited to, T-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly, with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only.
h. No name, logo, or other indicia of a cigarette brand or element of a brand-related marketing activity, may appear on items that are marketed to or likely to be used by minors such as, but not limited to, sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to prevent third parties from using the company’s brand names, logos, or other proprietary material on products that are directed toward minors.
i. No tobacco advertisements may be placed on shopping bags.
Section 24. Naming Rights. ? Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which payment is made or other consideration is provided by such manufacturer to any sports league, or any team involved in any such league, in exchange for use of a tobacco product brand.
b. No manufacturer may enter into any agreement for the naming rights of any stadium or arena using a tobacco product brand name or otherwise cause a stadium or arena to be named with such a brand name.
Section 25. Restrictions on Sponsorships. ? Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product brand name, unless there is reasonable basis to believe that all persons who compete, or otherwise take an active part, in the sponsored events or activities are persons eighteen (18) years of age or older;
2) a team or an individual bearing a tobacco product name, unless all persons sponsored are eighteen (18) years of age or older; or
3) a sponsored event or activity reasonably believed to be of particular appeal to persons under eighteen (18) years old.
b. Tobacco brand sponsorships shall be prohibited except where there is a reasonable basis to believe that:
1) attendance at the sponsored event or activity will comprise no less than seventy-five-percent (75%) persons at least eighteen (18) years old;
2) the sponsored event or activity will not be of particular appeal to persons under eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other than as a news item, on television or radio or the Internet, unless such exposure complies with the provisions of this Act governing tobacco marketing through those media; and
4) the principal activity associated with the sponsorship does not require above-average physical fitness for someone of the age group of those taking part.
c. All persons authorized to bear tobacco product advertisements, logos or brand names at sponsored events shall be at least eighteen (18) years old.
d. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.
Section 26. Ban on Sponsorships. - Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural or art event, as well as individual and team athletes, artists or performers where such sponsorship shall require or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product: Provided, That the attribution only to the name of the company in the roster of sponsors shall be allowed: Provided further, That no manufacturer may register a tobacco brand name as a company name after the passage of this Act.
Section 27. Restrictions on Sampling. ? The distribution of samples of tobacco products to persons below eighteen (18) years old is prohibited.
Section 28. Legal Actions. ? Any legal action in connection with the tobacco industry shall be governed by the provisions of the Philippine Civil Code and other applicable laws.
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