Measure

The legislation prohibits the advertisement, sponsorship, and promotion of tobacco products. Specifically, no person may publish or broadcast advertisements related to tobacco use or utilize tobacco trademarks for advertising any organization or event. Manufacturers, importers, distributors, or retailers of tobacco products are banned from organizing or financially contributing to activities in Namibia.

Retailers can post signs indicating the availability and price of tobacco products at points of sale without violating this law. The sale or display of replica toys or candy products resembling tobacco is also prohibited. The Minister may issue regulations for phasing out existing sponsorships and addressing advertising matters.

Violations of these provisions can result in fines of up to N$200,000 or imprisonment for up to 10 years, or both. Additionally, tobacco product packaging must include health warnings and specify the constituents present, with non-compliance also resulting in similar penalties.

Advertising, sponsorship and promotion

15. (1) Subject to subsection (3), no person may -

(a) publish, display or broadcast an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products; or

(b) use tobacco trade marks, logos, brand names or company names used on tobacco products for the purposes of advertising any organisation, service activity or event.

(2) No manufacturer, importer, distributor or retailer of tobacco products may -

(a) organise or promote any organised activity that is to take place in whole or in part in Namibia;
(b) make any financial contribution to any organised activity that is to take place, or is taking place, or has taken place in whole or in part in Namibia;
(c) make any financial contribution to any person in respect of -

(i) the organisation or promotion of any organised activity in Namibia by that person;
(ii) the participation, by that person, in any organised activity that is to take place, or is taking place in whole or in part, in Namibia.

(3) A retailer of tobacco products which posts in accordance with any regulation signs at the point of sale that indicate the availability of tobacco products and the price thereof does not contravene subsection (1).

(4) No replica toy or candy tobacco product may be sold or displayed at any retail or wholesale point or any other place where business is carried on.

(5) Notwithstanding this section, the Minister may provide by regulation -

(a) for the phasing out of existing sponsorship or contractual obligations, if any; and
(b) for matters relating to advertisements of tobacco products.

(6) Any person who contravenes or fails to comply with subsection (1), (2) or (4), commits an offence and is liable on conviction to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

Packaging and labelling of tobacco products

16. (1) Where a person sells or imports for sale any tobacco product and the tobacco product is contained in a package -

(a) the package must be labelled in the prescribed manner and must bear the prescribed warning concerning the health hazards incidental to the smoking of tobacco products and other relevant information; and

(b) the quantities of the constituents present in the tobacco product concerned must be stated on the package.

[The paragraphs are incorrectly lettered in the Government Gazette as (a) and (d), as reproduced above; no paragraphs have been omitted.]

(2) Any person who contravenes or fails to comply with subsection (1), commits an offence and is liable on conviction to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.