Nepal

The law prohibits tobacco advertising and promotion through TV and radio and other electronic media.

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 and other broadcast media.

The law prohibits tobacco advertising and promotion through “newspaper . . . writing, visual . . . or any other media.” Therefore, tobacco advertising and promotion through domestic newspapers and magazines is 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.

The law prohibits tobacco advertising and promotion through “logo, signage, writing, visual . . . or any other media.” Therefore tobacco advertising and promotion through domestic print media, such as pamphlets, leaflets, flyers, posters and signs, is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through domestic print media.

The law prohibits tobacco advertising and promotion through TV and radio. The 2014 Directive clearly states that this prohibition on advertising inside the Nepal border applies to both domestic and foreign parties. Therefore, the law appears to ban incoming cross-border tobacco advertising and promotion. However, because the law does not specifically address outgoing cross-border tobacco advertising and promotion, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising, promotion and sponsorship to include both incoming and outgoing cross-border tobacco advertising, promotion and sponsorship.

The law prohibits tobacco advertising and promotion through “newspaper . . . writing, visual . . . or any other media.” The 2014 Directive clearly states that this prohibition on advertising inside the Nepal border applies to both domestic and foreign parties. Therefore, the law appears to ban incoming cross-border tobacco advertising and promotion. However, because the law does not specifically address outgoing cross-border tobacco advertising and promotion, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising, promotion and sponsorship to include both incoming and outgoing cross-border tobacco advertising, promotion and sponsorship.

The law prohibits tobacco advertising and promotion through internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet.

The law prohibits tobacco advertising by “hoarding board [bill board], wall painting, logo, signage, writing, visual . . . or any other media.” The 2014 Directive further prohibits posters, wall charts, etc. These provisions are interpreted as prohibiting all outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

The law prohibits the decoration of a point of sale in a way that draws attention to tobacco products or the display of such products. In addition, the 2014 Directive prohibits decorating a point of sale to advertise, promote, or sponsor tobacco products. These provisions are interpreted as prohibiting all tobacco advertising and promotion at point of sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

The law prohibits the decoration of a point of sale in a way that draws attention to tobacco products or the display of such products. This provision is interpreted as prohibiting point of sale tobacco product display. Moreover, the 2014 Directive prohibits the display and decoration of the vending site with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

The law prohibits tobacco advertising and promotion through “logo, signage, writing, visual . . . or any other media.” Further, advertising via mail is specifically prohibited by the 2014 Directive.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail.

The law prohibits tobacco advertising and promotion through electronic media, which is interpreted to include telephone and cellular phone. In addition, the 2014 Directive expressly prohibits telemarketing and tobacco advertising and promotion via mobile phone (talk, text, send pictures, etc.).

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephone and cellular phone.

The Tobacco Products Regulations prohibit the manufacture of any products or the conducting or any services using the brand name or trademark of tobacco products. This provision is interpreted to ban brand marking of venues and outlets with tobacco brand names or trademarks, as these are places that offer services. In addition, brand manufacturers are specifically prohibited from using brand marking at recreational sites, retail stores, and on vehicles and equipment.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

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 (sales to minors) with respect to free distribution of tobacco products.

The 2014 Directive prohibits giving items such as key rings, t-shirts, baseball hats, lighters, or similar items in conjunction with the purchase of a tobacco product. The Directive also prohibits distributing coupons or offering a royalty plan in conjunction with purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to offering promotional discounts, gifts, prizes, or other rewards to consumers in conjunction with a tobacco product purchase.

The 2014 Directive prohibits manufacturers and related parties from promoting prize giving. This provision is interpreted as prohibited competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not. The Directive further prohibits organizing any type of program, function, event, or activity that advertises or promotes tobacco products; and any contest or competition related to tobacco product brand names.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products or brand names.

The law prohibits tobacco advertising and promotion through “visual, audio, mark, through a person or any other media.” This provision precludes all forms of direct marketing, including direct person-to-person targeting.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct marketing to individuals.

Although the law does not address brand stretching specifically, the law is interpreted as prohibiting brand stretching under the broad ban on tobacco advertising, promotion and sponsorship and given the relatively broad definition of “promotion or advertisement.” Section 40 of the 2014 Directive prohibits any promotion and advertisement of tobacco products through any medium.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

The Tobacco Products Act prohibits manufacturing tobacco products using the same brand name or trademark of another industry or product. This is reinforced in the 2014 Directive. Therefore, all reverse brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.

The law prohibits the production of any product in the shape of a cigarette, quid of tobacco (beedi), or cigar. Therefore, toys resembling tobacco products are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The law prohibits the production of any product in the shape of a cigarette, quid of tobacco (beedi), or cigar. Therefore, candy resembling tobacco products is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The 2014 Directive prohibits any manufacturer from providing “any type of financial, technical, material or structural contribution or assistance that may promote, advertise or sponsor tobacco products.” This is interpreted as banning retailer incentive programs. Moreover, the Directive also specifically prohibits manufacturers from giving, and retailers from accepting, items such as “empty boxes, cabinets or shelves to arrange tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

The Tobacco Products Act prohibits tobacco advertising through any form of media. In addition, the 2014 Directive prohibits the production and broadcast of programs, movies, news, and documentaries that advertise or promote tobacco products. The Directive furthers prohibits showing tobacco products, scenes of smoking, tobacco consumption, logos, trademarks, brands, and brand images in media or related outlets. Thus, all paid placement of tobacco products in TV, film, and other media is encompassed by the ban.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

The 2014 Directive prohibits showing tobacco products, scenes of smoking, or tobacco consumption in media or related outlets. This is interpreted as prohibiting unpaid depiction of tobacco products and tobacco use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.

The law prohibits tobacco manufacturers from sponsoring any program, news, or information about tobacco products through any media, and from sponsoring any program, function, event, or activity that promotes tobacco products. These specific prohibitions are in addition to a broader ban on all tobacco advertising, promotion and sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to contributions that promote tobacco products or tobacco use. For greater clarity, the law should define “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1 to ensure the ban covers all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

All contributions by the tobacco industry are prohibited. 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 tobacco sponsorship. For greater clarity, the law should define “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1 to ensure the ban covers all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The Directive on Printing and Labeling and the Tobacco Product Regulations prohibit the use on tobacco product packages of “any words or any graphics or symbols that mean ‘mild, very mild, medium, less tar, safe, light’ etc. and that might portray false, misleading or deceitful message regarding health, [or] health risks” of tobacco products. This provision, taken together with the general ban on tobacco advertising and promotion, effectively prohibits promotion by means that are false, misleading, deceptive or likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, deceptive or likely to create an erroneous impression.