LANGUAGE
Last updated: December 20th 2019

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.
Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising on domestic TV, radio, and other broadcast media 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.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising in domestic newspapers and magazines is prohibited.

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.

Law Source, Section

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.
Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising in other domestic print media is prohibited.

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

Law Source, Section

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.
Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” However, the law does not explicitly ban tobacco advertising and promotion in 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 explicitly prohibit tobacco advertising on international TV and radio.

Law Source, Section

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.
Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” However, the law does not explicitly ban tobacco advertising and promotion in international or cross border newspapers, magazines and print media. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising in international newspapers and magazines.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising via the internet is prohibited.

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

Law Source, Section

Internet tobacco product sales

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

The law prohibits the sale of tobacco products “to minors or through minors via the internet.” However, the penalty provisions contained in Art. 22(3) prohibits the sale of tobacco products for all internet sales, not just internet sales to minors. The law is interpreted as prohibiting the sales of tobacco products through the internet.

The align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.

Law Source, Section
Articles 9, 22(3)

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

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising via outdoor advertising is prohibited.

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

Law Source, Section

Point of sale advertising/promotion

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

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

Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising at point of sale is prohibited.

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

Law Source, Section

Point of sale product display

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

The law does not address point of sale product display. Therefore, the law is interpreted as allowing tobacco product display at point of sale.

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

Vending machines

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

The law does not prohibit the sale of tobacco products by vending machines.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should clearly prohibit vending machine sales of tobacco products as an inherent form of tobacco advertising and promotion.

Conventional mail

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising through conventional mail is prohibited.

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

Law Source, Section

Telephone and cellular phone

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising through telephone and cellular phone is prohibited.

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

Law Source, Section

Brand marking on physical structures

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

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:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” The law, therefore, prohibits brand marking on physical structures.

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

Law Source, Section

Free distribution of tobacco products

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The law does not specifically address free distribution of tobacco products. The law prohibits any “grant, donation, bonus, prize, financial or moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products.” However, it is uncertain whether this would cover the free distribution of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meet FCTC Art. 16, the law should clearly prohibit the free distribution of tobacco products.

Law Source, Section

Promotions with a tobacco product purchase

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

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 specifically prohibits any grant, donation, bonus, prize, financial or moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. Thus, promotions associated with a tobacco product purchase are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion with a tobacco product purchase.

Law Source, Section

Competitions associated with tobacco products

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

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

Analysis:

The law does not specifically prohibit competitions that are associated with tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products.

Direct person to person targeting of individuals

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover direct person-to-person advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person advertising and promotion.

Law Source, Section

Brand stretching/trademark diversification

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

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

Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover brand stretching.

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

Law Source, Section

Reverse brand stretching or brand sharing

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

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

Analysis:

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover reverse brand stretching.

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

Law Source, Section

Toys that resemble tobacco products

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover toys that resemble tobacco products.

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

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover candy that resembles tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect the sale and distribution of candies that resemble tobacco products.

Law Source, Section

Retailer incentive programs

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

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 specifically prohibits any grant, donation, bonus, prize, financial and moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. This is interpreted as covering retailer incentive programs.

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

Law Source, Section

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

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

The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover paid placement of tobacco products in TV, film or other media.

The law also obligates the Ministry of Information and Culture to implement this restriction, and “avoid airing films and dramas that encourage the use 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 or other media.

Law Source, Section
Articles 7, 16(3)

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

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

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 prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Because the definition is limited to those practices with the “aim” as opposed to the “effect” or “likely effect” of promoting tobacco products, this provision is not interpreted as prohibiting unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit the unpaid depiction of tobacco use or tobacco products.

Law Source, Section

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.

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 specifically prohibits any grant, donation, bonus, prize, financial and moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. This provision, however, does not appear to cover donations or other contributions made without the “aim” of promoting tobacco products. Thus, so-called “corporate social responsibility” programs that have the effect or likely effect, but not necessarily the aim, of promoting tobacco products or use would likely not be covered. 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 contributions to any activity, individual, organizations or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly. In addition, the law should define "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Law Source, Section

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

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

The law does not prohibit all financial or other sponsorship by the tobacco industry, nor does it prohibit the publicity of those forms of sponsorship not prohibited under the law. Any publicity of sponsorship would be subject to the prohibitions on tobacco advertising; thus, they could not encourage tobacco production, import, or use.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all publicity of financial or other sponsorship or support by the tobacco industry.

Law Source, Section

Promotion by any means that are false, misleading or deceptive

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

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:

The law does not specifically address promotion by means that are misleading, deceptive or likely to create an erroneous impression about characteristics, health effects, hazards or emissions of tobacco products. Although nearly all forms of direct and indirect tobacco advertising and promotion are prohibited, some forms do not appear to be covered under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.