Last updated: November 22, 2022

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through domestic TV and radio, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through domestic newspapers and magazines, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through other domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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, such as pamphlets, leaflets, flyers, posters, and signs.

Internet communications

Internet communications (not sales)

Banned
Analysis

The law prohibits all forms, methods, and means of domestic and cross-border tobacco advertising and promotion including that conducted through internet communications, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through international TV, radio, and other broadcast media such as satellite, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through international TV, radio, and other broadcast media such as satellite.

International newspapers and magazines

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through international newspapers and magazines, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international newspapers and magazines.

Outdoor advertising (e.g., billboards, posters)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including outdoor advertising such as billboards and posters, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on outdoor advertising such as billboards and posters.

Point of sale advertising/promotion

Point of sale advertising/promotion (other than product displays)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things. This is interpreted to include point of sale advertising and promotion.

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

Point of sale product display

Some Restrictions
Analysis

The law does not prohibit point of sale product displays but there are restrictions on such displays. The law requires that displays be limited to one area that does not exceed one square meter of the business premises. Also, only one packet (20 cigarettes) of each brand may be displayed in the display area, and the display of cartons is prohibited. If the product displays are in venues that are enclosed areas, they cannot be visible from outside unless the displays are in respect of non-tobacco branded elements. Finally, products must be kept in a manner so that retail consumers cannot handle the product without the assistance of a sales clerk prior to purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all display and visibility of tobacco products at point of sale.

Conventional mail

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through conventional mail, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through telephones and cellular phones, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including brand marking, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Free distribution of tobacco products

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including the free distribution of tobacco products, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including promotions with a tobacco product purchase, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including competitions associated with tobacco products, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including that conducted through direct person to person targeting of individuals, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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 of individuals.

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
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including brand stretching/trademark diversification, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Reverse brand stretching or brand sharing

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things. This is interpreted to include reverse brand stretching or brand sharing.

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

Toys that resemble tobacco products

Banned
Analysis

The law prohibits the manufacture, import, distribution, sale, display for sale, and advertisement or promotion of 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

Banned
Analysis

The law prohibits the manufacture, import, distribution, sale, display for sale, and advertisement or promotion of 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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion including retailer incentive programs, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion, which is defined as any form of commercial communication, recommendation or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. Paid placement is specifically listed in the Third Schedule as an example of tobacco advertising and promotion. The law also excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters and legitimate journalist or artistic expression, among other things.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, or 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

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco advertising and promotion. An exception is made for unpaid depictions of tobacco or tobacco products used in media where the depiction is purely incidental, justified for historical accuracy, or service a legitimate journalistic or artistic purpose. This is interpreted as banning all forms of unpaid depiction of tobacco use or tobacco products in media that do not meet these requirements.

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 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)

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco sponsorship including tobacco industry sponsorship of events, activities, individuals, organizations, or governments, and so-called “corporate social responsibility” activities.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, or governments.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Banned
Analysis

The law prohibits all forms, methods, and means of tobacco sponsorship including “corporate social responsibility” activities. Therefore, there can be no publicity of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship.

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
Analysis

The law prohibits tobacco advertising, promotion and sponsorship, and tobacco packaging and labeling that is false, misleading, or deceptive or is likely to create an erroneous impression about its characteristics, health effects, hazard, or emissions.

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.