Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1991.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1991.
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paragraphs: These Regulations shall come into operation on the 31st day of December, 1991.
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paragraphs: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (No. 2) Regulations, 1986 ( S.I. No. 107 of 1986 ) are hereby revoked.
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paragraphs: In these Regulations—
"the Act" means the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978 ;
"the Minister" means the Minister for Health;
"cigarettes" include save where otherwise indicated hand rolling tobacco;
"package" includes any packet, container, wrapper or other form of packaging;
"public road" has the meaning assigned to it by section 3 (1) the Road Traffic Act, 1961 (No. 24 of 1961).
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paragraphs: These Regulations may be enforced by officers of the Minister and by officers of health boards established under the Health Act, 1970 (No. 1 of 1970 ).
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paragraphs: A person engaged in the importation, manufacture, sale, advertising, sponsorship, promotion or distribution of tobacco products shall furnish to the Minister such information as the Minister considers necessary for the enforcement of these Regulations, and such information shall include the provision of information on expenditure on advertising and on sponsorship.
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paragraphs: (1) Following the publication of the appropriate notice referred to in sub-article (3) of this article a person shall not accept an advertisement for a tobacco product for display or publication from a person whose expenditure upon advertising of tobacco products has not been approved by the Minister in accordance with the provisions of article 19 of these Regulations.
(2) Following the publication of the appropriate notice referred to in sub-article (3) of this article a person shall not accept any sponsorship as defined in the Act, from a person whose expenditure upon sponsorship has not been approved by the Minister in accordance with the provisions of article 21 of these Regulations.
(3) The Minister shall in the month of December, 1991, and in the month of December in each subsequent year cause a notice to be published in Iris OifigiÃºil and in two or more daily newspapers containing a list of persons whose expenditure upon advertising of tobacco products has been approved in pursuance of the provisions of article 19 of these Regulations and of persons whose expenditure on sponsorship has been approved in accordance with the provisions of article 21 of these Regulations.
PART II. Advertising and Promotion of Tobacco Products and Labelling of Packages.
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paragraphs: (1) No person shall advertise tobacco products save in accordance with this part of these Regulations.
(2) Subject to the provisions of articles 10, 11, 12,13, 14, and 15 of these Regulations tobacco products may be advertised only:—
( a ) in newspapers, magazines or other similar publications, other than comics, comic supplements or any other publications directed primarily to persons under the age of eighteen years;
( b ) internally in premises which are points of retail sale of tobacco products, provided that such advertising is not by means of visual electronic media or by sound;
( c ) in duty free zones at airports and ferryports by means of permanent signs; and
( d ) on packages of tobacco products.
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paragraphs: (1) Notwithstanding article 8 of these Regulations, nothing in these Regulations shall operate to restrict or prohibit the importation for sale of any newspaper, magazine or publication containing an advertisement for a tobacco product where—
(i) the advertisement for the tobacco product conforms generally with the intent of the requirements of these Regulations and where the country of publication so requires it, contain a statement indicating the risk associated with the use of tobacco products to the health of persons, or
(ii) the advertisement will not significantly increase the consumption of tobacco products in the State.
(2) Where the Minister determines that an advertisement for a tobacco product does not conform with the requirements of sub-article (1) of this article, he may restrict or prohibit the importation for sale of the newspaper, magazine, or publication containing the advertisement.
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paragraphs: Advertisements of tobacco products referred to in sub-article 8(2)(a), 8(2)(b) and 8(2)(c) shall not contain anything other than the following:—
( a ) a brand name, brand emblem, corporate name and emblem,
( b ) one single representation of the tobacco product and package, either opened or unopened,
( c ) an indication of the place of manufacture, type, size, quantity and price,
( d ) an approved statement as specified under article 14, and,
( e ) a plain background consisting of one even colour.
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paragraphs: (1) ( a ) Subject to the provisions of sub-article 11(1)(b), advertisements of tobacco products referred to in sub-article 8(2)(d) shall not contain any statement or term which claims or implies that smoking is free from risk to health or that it is less harmful to smoke one brand of tobacco product than another. Accordingly, any reference to tar or nicotine yields in such advertisements shall be prohibited save as expressly required by sub-article 11(4).
( b ) Nothing in these Regulations shall be construed so as to prohibit the use, in advertisements of tobacco products referred to in sub-article (8) (2)(d), of descriptive or traditional terms relating to the properties or qualities of such tobacco products.