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Restriction on Advertising and Marketing of Tobacco Products Law - 1983 |
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1.
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In this Law -
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Definitions
[Amendments: 2001, 2004, 2008]
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"Penal Law" - Penal Law - 1977
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"Tobacco Products[1]" - tobacco in any form intended for smoking, sniffing, chewing or sucking and includes cigarettes, cigars, cigarillos, tobacco for hookah and pipe tobacco;
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"Product used for smoking tobacco" - a product which is used for smoking tobacco in any form whatsoever, including hookah, pipe and paper used for rolling cigarettes;
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"Label" - commercial trademark, symbol, special wording, graphic design, slogan, or other unique markings;
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"Advertising" - verbally, in writing, in print or via electronic means directed at or accessible to the public including indirect advertising;
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"Indirect advertising" - advertising which is not for a tobacco product, the purpose of which, inter alia, is to advance marketing of a certain tobacco product;
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"Marketing" - the sale, supply or import of tobacco products but does not include -
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(1) export;
(2) import by persons entitled to exemption from the payment of customs duty under any enactment in force relating to customs;
(3) sale in duty-free shops;
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"Advertising of a trade name" - advertising of a trade name of tobacco products or any particular kind or kinds of cigarettes, cigars, cigarillos or pipe tobacco including indirect advertising.
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2.
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No person will do any advertising in praise of smoking as such.
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Prohibition of advertising in praise of smoking.
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3.
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No person will advertise tobacco products or a trade name, including by means of a drawing, image, sound, picture, movement or any other means in any of the following:
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Prohibition of advertising by certain means [Amendment 2001]
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(1) radio broadcasts in Israel;
(2) television broadcasts in Israel;
(3) public screenings or theatre, festival or public event;
(4) newspapers, or any other printed matter, intended mainly for children and youth up to the age of eighteen years;
(4a) section or supplement of a newspaper devoted mainly to sport, entertainment or amusement;
(5) public inland transportation vehicles.
(6) video cassette, audio cassette or CD intended for sale, rent or public presentation;
(7) game or programme as defined in the Computer Law - 1995.
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4.
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(a) No person will advertise tobacco products or a trade name through fixed or mobile outdoor signs, or in premises open to the public, except through a permitted sign.
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Restriction on advertising through signs
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(b) No person will advertise tobacco products or a trade name through a permitted sign unless the warning set out in section 9 appears thereon in Hebrew, in a box, in letters clearly legible from a distance which in the circumstances of the case is reasonable.
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(c) Any advertising through a permitted sign will only include the following particulars or part thereof; the name, trademark and trade name of the tobacco product, the name and trademark of the manufacturer, a representation of the package in which the tobacco product is sold and the place of sale.
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(d) In this section, "permitted sign" means a sign lawfully displayed upon the outside of, or within any business premises or on a vehicle of a manufacturer, importer, agent, marketer, distributor or seller of tobacco products or upon the outside of, or within, a place of sale thereof.
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5.
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(a) No person will advertise tobacco products or a trade name through the use of the names or image of persons, of any of their limbs or those of animals including illustrated or animated images.
(b) the provisions of this clause will not apply to the use of the name or image of a person or animal which constitute a registered commercial trademark, as defined in Commercial Trademarks Ordinance [New Version] - 1972, provided that the tobacco product was marketed in Israel prior to the date of commencement of the Restriction of Advertising Tobacco Products for Smoking Law (Amendment no. 2) - 2001 (hereinafter: Amendment no. 2), with the use of the name or image as stated, and the name or image are presented in the advertisement in the same format of the registered commercial trademark.
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Restrictions on Advertising
[Amendment 2001]
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6.
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No persons will publish more than one advertisement of a particular trade name in one issue of a newspaper or other printed matter.
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Restrictions on number of newspaper advertisements
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7.
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No[2] person shall advertise tobacco products or a trade name in a newspaper or other printed matter unless the last line of the advertisement contains a warning, in a box, with the text set out in section 9; The warning will be in the language in which the newspaper or other printed matter is published, in clear letters of a minimum size of twelve points of black print.
The frame in which the warning is set out should be at least 5% of the advertisement area.
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Duty to include warning in advertisement
[Amendment 1995]
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7A.
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(a) No person will indirectly advertise within the scope of a commercial business.
(b) An advertisement for a product which is not a tobacco product or for a business or activity in which use of a commercial name or label of a tobacco product is used, will be considered indirect advertising unless proven otherwise.
(c) The provisions of sub-sections (a) and (b) will not apply to products which are not tobacco products or to business or activity which have identical or similar names to the commercial trademark or trade name of the tobacco product, and not to the advertising of a product, business or activity as stated, if the following conditions exist in respect thereof:
(1) The product, the business or the activities were marketed or existed in Israel on the date of amendment no. 2 coming into force;
(2) The said product, business or activity are presented in the advertisement, in principle, in a different manner from the tobacco product trademark, or that the trademark of the tobacco product is presented on a product which is not a tobacco product in such a way that it is not clearly visible.
(d) A manufacturer or importer will not use the trade name of a tobacco product which was first marketed after commencement of amendment no. 2 if it is identical or significantly similar to the name of another product which is not a tobacco product.
(e)(1) The granting of sponsorship, whether in an advertisement in which the sponsorship is mentioned, will not be deemed as an indirect advertisement, provided that the sponsorship or advertising as stated, are for events within the fields of culture, art or welfare which are not intended mainly for children or youth up to the age of 18, or for activities falling within these fields.
(2) The provisions of paragraph (1) will not apply to granting of sponsorship or to advertising of an event or activity or a person participating therein, if one of the following applies to the event or the activity;
(a) the origins are in Israel and they also have an influence outside of Israel;
(b) the granting of sponsorship is broadcast over television or radio;
(3) Advertising in newspapers or any other printed media in which it is stated that sponsorship has been granted and is not considered as indirect advertising according to the provisions of paragraph (1), and its size exceeds 10 sq.cm. will include a warning in accordance with the provisions of paragraph 7.
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Restrictions of use of trade name of a tobacco product [Amendment 2001; 2008]
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7B.
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No person will install a machine for the sale of tobacco products in a location determined by the Minister of Health, with the approval of the Finance Committee of the Knesset.
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Prohibition of installation of sales machine [Amendment 2001]
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8.
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(a) No person will market, or distribute, to the consumer a tobacco product having attached to it, or which is accompanied by, a prize, gift or right to participate in a prize lottery or competition.
(b) No person will distribute tobacco products to the consumer free of charge.
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Prohibition of Gifts
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8A.
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(a) No person will sell tobacco products or a product used for smoking tobacco to a minor.
(a1) No person will lease or rent a product for smoking tobacco to a minor.
(b) A business owner or anyone who works in the business is entitled to demand from a person who wishes to be provided with a tobacco product or a product used for smoking tobacco, that he should present him with a legal document in which his age can be verified.
(c) An owner of a business in which tobacco products are sold or sells, leases or lends products used for smoking tobacco will hang a notice detailing the provisions of sub-sections (a)(1) and (b) in a prominent location within the premises in the manner determined by the Minister of Health.
(d) Who ever does not comply with the provisions of sub-section (c) will be considered as not complying with the conditions of the business permit which was granted to him according to the Business Permit Law - 1968, and provisions of the said Law will apply to him.
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Prohibition of sale to minor
[Amendment 2008]
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9.[3]
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(a) No person will market tobacco products in a packet including pipe tobacco or tobacco for a hookah in a package unless there is printed on or affixed a warning in print letters as follows: "Warning - The Ministry of Health declares that Smoking Causes Severe Illness"; The warning will be in Hebrew, in black print, in clearly legible eight-point Frank-Ruehl letters. The word "Warning" shall be underlined.
(b) In the case of tobacco products other than cigarettes, the warning may be printed on or affixed to the front of the wrapping instead of the side thereof.
(c) The Minister of Health, with the approval of the Knesset Finance Committee, may amend the wording of the warning, including drafting of various warning wordings and which may be altered from time to time, in respect of this section and sections 4 or 7, and also change the small size of the letters of the warning and set provisions concerning the location of the warning, its format, design and ways to replace the warning wording; the warning wording which has been fixed according to this sub-section will come into force within 45 days from the date of its publication in "Reshumot" (the official gazette) - in respect of publication as stated in section 7 and within 8 months from the date of said publication - in respect of publication according to clause 4 or this clause.
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Warning
[Amendments in 1995, 2008]
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9A.
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(a) Before the 1st of June of each year a manufacturer or importer of tobacco products will submit to the Minister of Health or to whoever who was authorized by him, a report prepared by his accountant in accordance with the acceptable rules of accounting, concerning his expenses during the previous year in respect of advertising, sales promotions and granting sponsorship, for tobacco products which he manufactures or imports, as the case may be; the report as stated will be presented in writing and also through electronic or magnetic mail;
(b) In the report as mentioned in sub-paragraph (a) above the expenses for advertising tobacco products will be categorized as detailed below:
(1) advertising excluding advertising as stated in paragraphs (2) to (4);
(2) granting sponsorship;
(3) promotion of sales campaigns;
(4) direct mailing as defined in paragraph 17C of the Privacy Protection Law - 1981.
(c) The Minister of Health will publish on the internet web site of the Ministry of Health or by way of other means as he may see fit, the total expenses of all the manufacturers and importers of tobacco products as stated in sub-paragraph (a), as well as the total expenses of all the manufacturers and importers as stated, divided into the following categories:
(1) total expenses as stated in sub-paragraph (b)(1) and (4) as one amount;
(2) total expenses as stated in sub-paragraph (b)(2);
(3) total expenses as stated in sub-paragraph (b)(3).
(d) The provisions of this paragraph will also apply to the holders of trademarks of tobacco products or anyone on their behalf and the holder of the right to use the trademarks who is not the manufacturer or the importer of tobacco products, who prepared advertising for commercial purposes.
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10.
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For the purposes of this Law, the State will be treated like any other person.
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Status of State
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11.
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(a) Whosoever breaches any provision of this Law, except for section 8A will, in respect of an individual - be fined in the amount set out in section 61(a)(4) of the Penal Law, and in respect of a corporate entity - double the fixed amount set out in section 61(a)(4).
(1a)[4] the seller of a tobacco product to a minor or a seller, lessor or lender of a product used for smoking tobacco contrary to the provisions of section 8A will be liable to a fine as stated in section 61(a)(1) of the Penal Law;
(b) In case of an offence under section 9, failure to print or affix the warning on or to one production series indicated on each package thereof, or in the case of imports on or to one import unit indicated on each package thereof, will be regarded as one offence.
(c) The burden of proof will in the case of a production series be on the manufacturer, and in the case of an import unit, on the importer. For the purposes of this section, a production series is tobacco products manufactured in one working day, and an import unit is tobacco products of the same trade name packed in one crate.
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Penal
[Amendments 1995,2001,2004, 2008]
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11A
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(a) A public entity whose purpose is to protect the environment or safeguard well-being, which has been approved by the Minister of Health, may submit a complaint, as stated in section 68 of the Criminal Procedure Law [Combined Version] - 1982 about an offence perpetrated under this Law.
(b) A complaint in accordance with the provisions of sub-section (a) cannot be filed, unless with the approval of the District Attorney.
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Complaints [Amendment 2001]
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12.
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In case of an offence under sections 2 to 7 the following will also be charged -
(1) the person who delivers the advertisement, or the advertisement of a trade name, for publication and
thereby causes it to be published;
(2) the person who received the advertisement or the advertisement of a trade name, for publication and publishes it.
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Liability of advertiser and owner of means of publication
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13.
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Where a tobacco product or a trade name has been advertised, then, unless proven to the contrary, the manufacturer or, in the case of an imported product, the importer will be deemed to have advertised it or it will be deemed to have been advertised upon his instructions, provided that an advertisement which originates from outside Israel will not be considered as prohibited advertising according to this Law, if from the manner in which the advertisement was made it transpires that it was never intended mainly for the Israeli public.
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Presumption
[Amendment 2001]
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14.
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A person who has been empowered by the Minister of Health in writing may, if he is satisfied that it is necessary to do so, to ensure compliance the provisions of section 9, enter any place where tobacco products are sold, manufactured or stored and seize tobacco products the packages or bags or which have no warning on them; Tobacco products seized as aforesaid will only be returned after the owners have affixed a warning thereto.
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Seizure
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15.
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The Minister of Health is charged with the implementation of this Law and may, with the approval of the Labour and Social Affairs Committee or the Knesset, make regulations as to any matter relating to its implementation.
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Implementation and regulations
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16.
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(a) Section 7 will come into force three months from the date of publication of this Law. The other provisions of this Law will come into force six months from the date of its publication.
(b) The advertising of tobacco products or of a trade name by any person before the date of publication of this Law will not be regarded as an offence under this Law if such person proves that it ceased to be under his control or authority before the said date or that he cannot or is not entitled to terminate or remove it.
(c) The requirement of including a warning as provided in section 4 shall not apply to signs permitted by section 4 which are electrically lit if they were installed before 1st January 1983; In the case of signs not electrically lit, the require of including a warning will apply upon the expiration of one year from the date of publication of this Law.
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Commencement and transitional provisions
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Menachem Begin Eliezer Shostak
Prime Minister Minister of Health
Yitzchak Navon
President of the State
[1] For the purpose of Section 9, until 1.12.2004 the previous definition applies: "Tobacco in any form intended for smoking, including cigarettes, cigars, cigarillos and pipe tobacco".
[2] See also Restriction of Advertising for Tobacco Products for Smoking Ordinance (Amendment of Warning Wording) - 2002
[3] See also Restriction of Advertising of Tobacco Products for Smoking Ordinance (Change in Warning Wording) - 2002
[4] Inception date of this clause - 3 months from 12.08.2004
* Passed by the Knesset on the 3rd Shevat, 5743 (17th January 1983) and published in Sefer Ha-Chukkim No.1074 of the 11th Shevat, 5743 (25th January 1983), p.38; the Bill and an Explanatory Note were published in Hatza'ot Chok no. 1451 of 5740, p.194.
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