Last updated: November 6, 2023
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all advertising of tobacco products, which includes advertising on domestic TV and radio.
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 prohibits all advertising of tobacco products, which includes advertising in domestic newspapers and magazines.
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 prohibits all advertising of tobacco products, which includes advertising in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.
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.
Internet communications
Internet communications (not sales)
The law prohibits all advertising of tobacco products, which is interpreted to include advertising by internet communications.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits tobacco advertising, which includes advertising by TV and radio. However, the law does not explicitly address advertising on international TV and radio. Therefore, the regulatory status code "Uncertain" is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.
International newspapers and magazines
The law prohibits all tobacco advertising, which includes advertising in newspapers and magazines. However, the law does not explicitly address advertising in international newspapers and magazines. Therefore, the regulatory status code "Uncertain" is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international (cross-border) newspapers and magazines is prohibited.
Outdoor advertising (e.g., billboards, posters)
The law prohibits all advertising of tobacco products, which includes outdoor advertising.
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 on Advertising prohibits all advertising of tobacco products. Law No. ZRU-844 permits only the display of a price list at point of sale. Taken together, these provisions prohibit point of sale advertising and promotion.
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
Law No. ZRU-844 prohibits the “display and open demonstration of tobacco products” in retail trade.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.
Conventional mail
The law prohibits all advertising of tobacco products, which includes advertising by conventional mail.
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 prohibits all advertising of tobacco products, which is interpreted to include advertising by telephone and cellular phone.
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 prohibits the use of “images, names and other information about tobacco products . . . on the facade, entrance, shop windows, on take-out items and other places of retail facilities”. This prohibition does not include a ban on brand marking on vehicles, or structures that are retail facilities. Therefore, the regulatory status code “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand marking on all 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 does not address promotions with a tobacco product purchase. Therefore, the law is interpreted as allowing promotions with a tobacco product purchase.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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 prohibits “sponsoring events that use the name, trademark (service mark) or image of tobacco products”, as well as “holding promotions or other similar events”. These provisions are interpreted as prohibiting 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.
Direct person to person targeting of individuals
The prohibits all advertising of tobacco products. The definition of “advertising” includes distribution of information “by any means”, which includes direct person to person targeting of individuals. Therefore, tobacco advertising by direct person to person targeting of individuals is prohibited.
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 prohibits “distribution, including the sale of goods (T-shirts, hats, games and others) using the name, trademark (service mark) or image of tobacco products” and “use of any terms, descriptions, signs, symbols, images or other designations associated with tobacco products . . . in the production of other types of goods that are not 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.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The law does not address reverse brand stretching. Therefore, reverse brand stretching is allowed.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching.
Toys that resemble tobacco products
The law prohibits the manufacture, import, sale and distribution of goods imitating tobacco products, which includes 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, import, sale and distribution of goods imitating tobacco products, which includes candy that resembles 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 does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The law prohibits all advertising of tobacco products. The definition of “advertising” includes distribution of information “by any means”, which is interpreted to include paid placement of tobacco products.
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
In advertising of any other products (not tobacco products), depiction of tobacco use is prohibited. However, the law does not address depiction of tobacco use or tobacco products in other media. Therefore, the regulatory status code “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media, that does not serve a legitimate purpose.
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 prohibits “sponsoring events that use the name, trademark (service mark) or image of tobacco products.” However, the law does not address tobacco industry sponsorship of individuals, organizations, or governments. Therefore, the regulatory status code “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including tobacco industry sponsorship of events, activities, individuals, organizations, and governments. In addition, the law should provide a definition of tobacco sponsorship that aligns with the FCTC definition.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
It is unclear whether publicity of sponsorship of individuals, organizations or governments falls under the definition of “advertising”. “Advertising” is defined as “special information distributed using any advertising means . . . and intended to attract attention to the object of advertising, generate or maintain
interest in it, as well as its promotion on the market for the purpose of direct or indirect receipt of profit.” It could be argued, for example, that publicity of a tobacco manufacturer’s sponsorship of an individual does not necessarily attract attention to a particular product and therefore is not advertising. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including 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)
There is a comprehensive ban on tobacco advertising. In addition, the use of misleading terms, descriptors, and images on tobacco product packaging is prohibited. Taken together, promotion by any means that are false, misleading, deceptive is prohibited.
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.
