Last updated: January 13, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion via any domestic broadcast medium, including TV, radio, satellite, and cable, is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.
Domestic newspapers and magazines
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion in domestic newspapers and magazines are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.
Other domestic print media, such as pamphlets, leaflets, flyers, posters, signs (not including print advertising at the point of sale)
Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion in other domestic print media are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law bans all forms of advertising and promotion of tobacco products, including cross-border advertising and promotion. The law defines “cross-border advertising” as any kind of advertising going out from, or exported from the national territory, or entering or arriving in the national territory. Therefore, tobacco advertising and promotion on international TV and radio are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international (cross-border) TV and radio.
International newspapers and magazines
The law bans all forms of advertising and promotion of tobacco products, including cross-border advertising and promotion. The law defines “cross-border advertising” as any kind of advertising going out from, or exported from the national territory, or entering or arriving in the national territory. Therefore, tobacco advertising and promotion in international newspapers and magazines are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international (cross-border) newspapers and magazines.
Internet communications
Internet communications (not sales)
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion via internet communications are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.
Outdoor advertising (e.g., billboards, posters)
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion in outdoor advertising are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion at the point of sale are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.
Point of sale product display
The law does not explicitly address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.
(However, it should be noted that the law prohibits tobacco advertising and promotion and includes broad definitions of these terms. Therefore, it may be possible to interpret the law as prohibiting point of sale product display because, pursuant to paragraph 12 of the FCTC Art. 13 Guidelines, “Display of tobacco products at points of sale in itself constitutes advertising and promotion.”)
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco product display at points of sale.
Conventional mail
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion through conventional mail are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.
Telephone and cellular phone
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion through telephone and cellular phone are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular phone.
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)
The law bans all forms of advertising and promotion of tobacco products, including direct and indirect publicity for tobacco products. The law specifically prohibits items bearing the brand or emblem of tobacco products. Therefore, tobacco advertising and promotion through brand marking are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.
Free distribution of tobacco products
The law prohibits the free distribution of tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to the free distribution of tobacco products.
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)
The law bans all forms of advertising and promotion of tobacco products, including distributing tobacco products for promotional purposes. The law defines “advertising for tobacco, its products and the promotion of tobacco products” as a recommendation or commercial action having the likely effect of direct or indirect promotion of a tobacco product. Therefore, the law is interpreted as banning promotions with a tobacco product purchase.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.
Competitions associated with tobacco products
Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not
The law bans all forms of advertising and promotion of tobacco products, including distributing tobacco products for promotional purposes. The law defines “advertising for tobacco, its products and the promotion of tobacco products” as a recommendation or commercial action having the likely effect of direct or indirect promotion of a tobacco product. Therefore, competitions associated with tobacco products are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.
Direct person to person targeting of individuals
The law bans all forms of advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion through direct person to person targeting of individuals are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting.
Brand stretching/trademark diversification
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)
The law bans all forms of advertising and promotion of tobacco products, including direct and indirect publicity for tobacco products. The law specifically prohibits items bearing the brand or emblem of tobacco products. Therefore, tobacco advertising and promotion through brand stretching are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The law bans all forms of advertising and promotion of tobacco products, including direct and indirect publicity for tobacco products. Therefore, tobacco advertising and promotion through reverse brand stretching are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.
Toys that resemble tobacco products
The law prohibits the manufacture and distribution of candies and toys that resemble tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.
Candy that resembles tobacco products
The law prohibits the manufacture and distribution of candies and toys that resemble tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.
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
The law bans all forms of advertising and promotion of tobacco products, including distributing tobacco products for promotional purposes. The law defines “advertising for tobacco, its products and the promotion of tobacco products” as recommendation or commercial action having the likely effect of direct or indirect promotion of a tobacco product. Therefore, retailer incentive programs are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The law bans all forms of advertising and promotion of tobacco products. Therefore, paid placement of tobacco products in TV, film, and or other media are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.
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
The law bans all forms of advertising and promotion of tobacco products, including direct and indirect publicity. Therefore, paid placement of tobacco products in TV, film, and or other media are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in TV, film, and other media.
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)
The law bans all forms of sponsorship of tobacco products. Therefore, tobacco industry sponsorship of events, activities, individuals, organizations, or governments are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, and governments.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law bans all forms of sponsorship of tobacco products. Therefore, there can be no publicity of such sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.
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)
The law bans all forms of advertising and promotion of tobacco products. Therefore, promotion by false, misleading, or deceptive means is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading or deceptive means.
