LANGUAGE
Last updated: September 26th 2017

Regulated Forms of Advertising, Promotion and Sponsorship

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.
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Analysis:

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic broadcast media including TV, radio, cable, satellite, etc.

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 domestic broadcast media.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic print media including domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

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.
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Analysis:

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic print media. Because the point of sale exception is analyzed under a separate category, the regulatory status code of “Banned” is used here rather than “Some Restrictions.”

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. Guidelines with respect to advertising in other domestic print media such as pamphlets, leaflets, flyers, posters and signs.

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.
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Analysis:

The law bans all tobacco advertising on television, cable television, and radio, and all other forms of broadcast media. The law is silent as to whether the ban applies to cross-border broadcast media. The ban would likely be interpreted to include advertising entering the Philippines because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from the Philippines. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion.

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.
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Analysis:

The law bans all tobacco advertising on mass media, including print media, except at the point of sale. The law is silent as to whether the ban applies to cross-border print media. The ban would likely be interpreted to include print media advertising entering the Philippines because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from the Philippines. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all internet tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

Internet tobacco product sales

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.
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Analysis:

The sale of tobacco products to persons below eighteen years is banned; this invariably includes internet sales under the E-Commerce Law. Currently, internet tobacco product sales are not a common distribution channel in the Philippines.

Under the implementing rules of Rep. Act No. 9211, business-to-business transactions conducted on the internet and other similar medium between tobacco manufacturers, retailers, and distributors are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, internet sales to all persons should be explicitly banned because they inherently involve tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines paras. 18-19.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The Tobacco Regulation Act of 2003, Sec. 22, bans all outdoor advertising, except inside the "premises" of point-of-sale retail establishments. The Inter-agency Committee Regulations define "premises" as a tract of land and the building or buildings on the land as well as open spaces between any buildings. These provisions were interpreted by a court as permitting outdoor signs on top of point of sale establishments. However, Executive Order No. 26 of 2017 (effective July 15, 2017) expressly prohibits "placing any form of tobacco advertisement outside of the premises of point of sale retail establishments" and "placing any stall, booth, or other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only locations." This provision closes the loophole discussed above and, therefore, all outdoor advertising is banned.

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

Point of sale advertising/promotion

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Point of sale advertising/promotion (other than product displays)

Analysis:

The law allows tobacco advertising and promotion at the point of sale.

The point of sale exception precludes a comprehensive ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Internal tobacco industry documents show that point of sale advertising is important to the tobacco industry, especially when other forms of advertising and promotion are banned. Studies show that youth are especially vulnerable to point of sale advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion, including at POS, should be banned (if a ban is consistent with the country’s constitution). In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would make clearer the scope of the ban and ensure proper application of a comprehensive tobacco advertising and promotion ban.

Point of sale product display

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Analysis:

The law does not address point of sale product displays specifically. There is a specific exception for tobacco advertising inside points of sale. Therefore, the law is interpreted as allowing point of sale product displays.

For the law to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, tobacco product displays should be banned under a broad prohibition on tobacco advertising and promotion, as provided in the FCTC Art. 13 Guidelines.

Vending machines

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.
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Analysis:

Vending machine sales of tobacco products are prohibited except if (1) the vending machine has a mechanism for age verification; or (2) the vending machines are at points of sale.

For the law to align with the FCTC Art. 13 Guidelines, it should be made clear that vending machine sales of tobacco products (or commercial product displays) are prohibited as an inherent form of tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines para. 14. The law meets FCTC Art. 16 (sales to and by minors) in that it restricts vending machine sales so that they are not accessible to minors. However, the law should make clear that vending machines must not promote the sale of tobacco products to minors.

Conventional mail

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.
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Analysis:

Tobacco promotions delivered through conventional mail are allowed except they may not be directed to persons under 18 years of age. Health warnings are required to be displayed on all communications to consumers about tobacco promotions.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion by conventional mail should be banned.

Telephone and cellular phone

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.
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Analysis:

All forms of tobacco advertising in mass media are prohibited except tobacco advertisements placed inside the premises of point of sale establishments. The law defines “mass media” as any medium of communication designed to reach a mass of people, including forms of electronic media. Accordingly, the ban on tobacco advertising in mass media is interpreted to cover tobacco advertising via telephone and cellular phone.

However, the law provides that telephone communications concerning promotions, promotional offers, programs, or events, which are restricted to those eighteen years and above, must comply with the restrictions on tobacco advertising and must include a recorded health warning message in English or Filipino.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should also ban all forms of tobacco promotions by phone.

Brand marking on physical structures

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.
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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)

Analysis:

All forms of tobacco advertising in mass media and all outdoor advertising are prohibited except tobacco advertisements placed inside the premises of point-of-sale establishments. The law specifies that the use of tobacco trademarks and brand names is a form of advertising. Therefore, brand marking is interpreted to be prohibited in all communications directed to reach a mass of people and in all outdoor advertising except inside the premises of point of sale establishments.

The name, logo, or indicia of a cigarette brand is prohibited on any merchandise to be sold or distributed but the law specifically provides that the name, logo, or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items and if such name, logo, or other indicia of the cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it defines brand marking narrowly and allows brand marking inside the point of sale and on smoking related items.

Free distribution of 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.
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Analysis:

The law specifically prohibits the distribution of samples of tobacco products to persons below eighteen years of age.

This provision meets FCTC Art. 16. However, to align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all free distribution of tobacco products.

Promotions with a tobacco product purchase

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.
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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)

Analysis:

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.

Competitions associated with 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.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not.

Direct person to person targeting of individuals

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.
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Analysis:

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age. Therefore direct person-to-person marketing is restricted to those over 18 years old.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all direct targeting of individuals.

Brand stretching/trademark diversification

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.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

Tobacco brand names are allowed on merchandise, such as but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements, and umbrellas, except that the name, logo, or other indicia of cigarette brand displayed must not be visible to others when worn or used. Clothing items must be in adult sizes only.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban brand stretching.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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

Analysis:

The law does not specifically address reverse brand stretching. Because the law does explicitly restrict other forms of tobacco advertising and promotions without consideration of reverse brand stretching, the law is interpreted to allow this form of tobacco advertising and promotion.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of tobacco advertising and promotion to make it clear that reverse brand stretching is covered by the ban.

Toys that resemble tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Analysis:

The law does not specifically prohibit toys that resemble tobacco products. However, no tobacco brand, logo, indicia, or element of the indicia may appear on items that are marketed to or likely to be used by minors, such as toys. If the logo or brand appears on an item marketed or likely to be used by minors, the manufacturer or company must take all available measures to prevent third parties from using the company's brand names.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Analysis:

The law does not specifically prohibit candy that resembles tobacco products. However, no tobacco brand, logo, indicia, or element of the indicia may appear on items that are marketed to or likely to be used by minors, such as candy. If the logo or brand appears on an item marketed or likely to be used by minors, the manufacturer or company must take all available measures to prevent third parties from using the company's brand names.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion.

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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

Analysis:

The law does not specifically address payments or rewards to retailers. It is unlikely that these programs or payments fall under the ban on tobacco advertising because the ban exempts point of sale establishments. This practice is particularly important for the tobacco industry in the Philippines because the law exempts tobacco advertising and promotion restrictions in point-of-sale establishments and the vast majority of cigarette sales occur through retail stores. Therefore, developing favorable relationships with retailers is an important activity for manufacturers in order to influence sales of their products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs or other payments to encourage them to sell tobacco products.

Paid placement of tobacco products in TV, film or other media

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law specifically bans placements made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program, motion picture, and other media (e.g., video game, optical disc) in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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.
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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

Analysis:

The law specifically bans placements made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program, motion picture, and other media (e.g., video game, optical disc). However, there is no specific provision prohibiting depiction by producers or network management, contrary to the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

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.
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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)

Analysis:

The law prohibits the tobacco industry from sponsoring events, individuals, or groups involved in sports, culture, or art, where the sponsorship requires or involves advertising or promoting any tobacco product, tobacco company, or tobacco use. However, the donations themselves are otherwise allowed. “Sponsorship” is defined as “any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product,” where the event, team, or activity would still exist or occur without such contribution. Additionally, public officials and employees are prohibited from soliciting or accepting anything of monetary value from any person or business related to the tobacco industry.

The limited scope of the restrictions on contributions does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit all contributions to any activity, individual, organization, or government that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

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.
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Analysis:

The law prohibits some publicity of tobacco sponsorship for events, individuals, or groups involved in sports, music, culture, or arts. In such instances, the promotion is prohibited of the tobacco company, tobacco product or tobacco use, name, logo, trademarks and other words, symbols, designs, colors and other depictions associated with tobacco products. For regulated sponsorship, tobacco companies may be included in a roster of sponsors. Publicity of sponsorship of other individuals, groups, or events – such as corporate social responsibility campaigns – is allowed.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. To align, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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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)

Analysis:

There is a general prohibition under the Consumer Act of false, deceptive, and misleading advertisement.

However, there is no law or regulation in effect that specifically prohibits not only the use of false, misleading, or deceptive terms and descriptors, but also trademarks, emblems, marketing images, logos, colors, figuratives, and any other signs, in line with what is required regarding tobacco product packaging and labeling by FCTC Art. 11.1(a).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression, as in FCTC Art. 13 Guidelines para. 39.