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Home \Legislation by Country \Bhutan \  Regulated Forms Of Advertising, Promotion and Sponsorship
Last updated: July 21st 2015
Regulated Forms of Advertising, Promotion and Sponsorship
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Regulatory Status
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Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion in other domestic print media (e.g., pamphlets, leaflets, posters) is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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International TV and radio (including all broadcast media such as satellite and cable)

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law prohibits tobacco advertising through any medium. This includes a prohibition on the sale of films or video tapes containing tobacco advertising. The ban, however, makes no mention of its application to international TV, radio, and other broadcast media. Therefore, the regulatory status of “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising and promotion to both domestic and cross-border broadcast media. In addition, for greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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International newspapers and magazines

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law prohibits tobacco advertising through any medium. The ban, however, makes no mention of its application to international newspapers and magazines. Therefore, the regulatory status of “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising and promotion to both domestic and cross-border newspapers and magazines. In addition, for greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Internet communications
Internet communications (not sales)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion via internet communications is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Internet tobacco product sales

Not Applicable
Analysis:Tobacco product purchase and sale are prohibited in Bhutan. Therefore, there are no internet tobacco product sales.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 11View related litigation
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Outdoor advertising (e.g., billboards, posters)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, outdoor advertising of tobacco products is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)

Not Applicable
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there is no point of sale advertising and promotion. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
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Point of sale product display

Not Applicable
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there is no point of sale product display.
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Vending machines

Not Applicable
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no tobacco products for sale by vending machines.
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Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion is prohibited via conventional mail. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion is prohibited via telephone and cellular phone. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phone. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Brand marking on physical structures
Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law prohibits tobacco advertising through any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether brand marking is covered. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit brand marking. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Free distribution of tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits the distribution of tobacco products as samples. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to free distribution of tobacco products.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Promotions with a tobacco product purchase
Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Not Applicable
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no promotions associated with a tobacco product purchase.
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Competitions associated with tobacco products
Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no competitions associated with the purchase of a tobacco product. In addition, the law prohibits the sponsorship of any social organization or event to promote the consumption of tobacco products, which is interpreted as prohibiting all other competitions associated with tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. For greater clarity, the terms “tobacco advertising and promotion” and “tobacco sponsorship” should be defined in accordance with FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Direct person to person targeting of individuals

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law prohibits tobacco advertising through any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether direct person-to-person targeting of individuals is covered. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person-to-person targeting of individuals. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Brand stretching/trademark diversification
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law prohibits advertising “any goods using the name or trade mark of tobacco and tobacco products.” Therefore, brand stretching is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law expressly prohibits brand stretching but does not address reverse brand stretching. In addition, the law prohibits tobacco advertising via any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether reverse brand stretching is covered. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco products or services from using non-tobacco brand names. In addition, the law should define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Toys that resemble tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:The law prohibits the display of names, trademarks, or labels of tobacco products on toys. However, it does not prohibit all toys that resemble tobacco products. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all toys that resemble tobacco products, not just those bearing the names, trademarks, or labels of tobacco products.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18View related litigation
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Candy that resembles tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:The law prohibits the display of names, trademarks, or labels of tobacco products on edibles. However, it does not prohibit all edibles, including candy, that resemble tobacco products. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all candy that resembles tobacco products, not just those bearing the names, trademarks, or labels of tobacco products.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Retailer incentive programs
Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products

Not Applicable
Analysis:The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no retailer incentive programs.
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Paid placement of tobacco products in TV, film or other media

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:Scenes depicting tobacco use are prohibited in TV, films, and cultural shows produced domestically, regardless of whether this depiction is the result of a financial or other agreement. Therefore, paid placement of tobacco products in TV, film, or other media is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement in TV, films, or other media produced domestically.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 19 View related litigation
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Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose
Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:Scenes depicting tobacco use are prohibited in TV, films, and cultural shows produced domestically. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 19View related litigation
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Tobacco industry sponsorship of events, activities, individuals, organizations or governments
Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs)

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:The law prohibits the sponsorship of any educational, cultural, social, or sporting organization or event, such as athletic games, funfairs, fashion and model shows, school functions and international events to promote consumption of tobacco and tobacco products. The law does not restrict contributions to individuals or to governments. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that promote tobacco products or tobacco use.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:The law prohibits sponsorship to any educational, cultural, social, or sporting organization or event to promote consumption of tobacco and tobacco products, so publicity of such contributions is prohibited. The law does not restrict contributions or publicity of contributions to individuals or governments, except under a general tobacco advertising prohibition. In theory, publicity of such contributions is possible. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18 View related litigation
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Promotion by any means that are false, misleading or deceptive
Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:The law contains a comprehensive ban on tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 18View related litigation
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