LANGUAGE
Last updated: September 17th 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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition. Although “tobacco advertising and promotion” is not defined, it is interpreted as covering traditional forms of advertising, given the plain meaning of that term. This includes advertising on TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio. However, to clarify the scope of the ban, the law should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Domestic newspapers and magazines

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition. Although “tobacco advertising and promotion” is not defined, it is interpreted as covering traditional forms of advertising, given the plain meaning of that term. This includes advertising in newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. However, to clarify the scope of the ban, the law should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition. Although “tobacco advertising and promotion” is not defined, it is interpreted as covering traditional forms of advertising, given the plain meaning of that term. This includes advertising 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 other domestic print media. However, to clarify the scope of the ban, the law should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion in this media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international TV and radio is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion in this media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international newspapers and magazines is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Internet communications

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

Internet communications (not sales)

Analysis:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via the internet.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via the internet is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Internet tobacco product sales

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via internet tobacco products sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via internet tobacco products sales is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition. Although “tobacco advertising and promotion” is not defined, it is interpreted as covering traditional forms of advertising, given the plain meaning of that term. This includes outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. However, to clarify the scope of the ban, the law should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Point of sale advertising/promotion

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

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

Analysis:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits point of sale tobacco advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that point of sale tobacco advertising and promotion is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Point of sale product display

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via point of sale product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via point of sale product display is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Vending machines

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via vending machines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via vending machines is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Conventional mail

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via conventional mail.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via conventional mail is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Telephone and cellular phone

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The status of regulatory “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via telephone and cellular phone.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via telephone and cellular phone is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Brand marking on physical structures

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

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via brand marking other than on tobacco product packaging and labeling.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via brand marking other than on tobacco product packaging and labeling is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via free distribution of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via free distribution of tobacco products is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Promotions with a tobacco product purchase

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

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via promotions with a tobacco product purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via promotions with a tobacco product purchase is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Competitions associated with 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.

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

Analysis:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via competitions associated with tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via competitions associated with tobacco products is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Direct person to person targeting of individuals

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via direct person to person targeting of individuals.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via direct person to person targeting of individuals is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Brand stretching/trademark diversification

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

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

Analysis:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via brand stretching/trademark diversification.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via brand stretching/trademark diversification is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Reverse brand stretching or brand sharing

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

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

Analysis:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via reverse brand stretching or brand sharing.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via reverse brand stretching or brand sharing is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Toys that resemble 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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via toys that resemble tobacco products is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Candy that resembles 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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via candy that resembles tobacco products is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Retailer incentive programs

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

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via retailer incentive programs is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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

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

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via paid placement of tobacco products in TV, film or other media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via paid placement of tobacco products in TV, film or other media is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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

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

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:

Article 65 of Law No. 85-05 provides that “[t]he advertising of tobacco products . . . shall be prohibited.” There is no further legislation providing details regarding this prohibition, and “tobacco advertising and promotion” is not defined. The regulatory status of “Uncertain” accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via unpaid depiction of tobacco use or tobacco products in media is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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

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

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:

Law No. 85-05 does not address tobacco industry sponsorship. The regulatory status of “Allowed” accordingly is given for this category.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco industry sponsorship, including “corporate social responsibility” contributions is prohibited. The law further should define the term “tobacco sponsorship” in accordance with FCTC Art. 1(g).

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:

Law No. 85-05 does not address tobacco industry sponsorship or sponsorship publicity. The regulatory status of “Allowed” accordingly is given for this category.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco industry sponsorship, including “corporate social responsibility” contributions is prohibited. The law further should define the term “tobacco sponsorship” in accordance with FCTC Art. 1(g).

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:

Law No. 85-05 does not address the promotion of tobacco products. The regulatory status of “Allowed” accordingly is given for this category.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco promotion is prohibited. The law further should define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).