LANGUAGE
Last updated: September 25th 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.
Analysis:

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through print or electronic media. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising is prohibited in domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through print media, books, leaflets, handbills, posters, printed paper, billboards or signboards. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic newspapers and magazines. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

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 producing or disseminating an advertisement of tobacco products through any means including through print media, books, leaflets, handbills, posters, printed paper, billboards or signboards. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising is prohibited in other domestic print media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic print media. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

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 producing or disseminating an advertisement of tobacco products through any means including through print or electronic media. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. The law does not explicitly ban advertising and promotion via international or cross-border TV and radio, so the regulatory status “Uncertain” is given.

In order to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion in international TV and radio.

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 producing or disseminating an advertisement of tobacco products through any means including through print media. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. The law does not explicitly ban advertising and promotion via international or cross-border newspapers or magazines, so the regulatory status “Uncertain” is given.

In order to align with FCTC Art. 13 and FCTC the Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion in international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through electronic media and websites. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising and promotion is prohibited in internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in internet communications. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

Internet tobacco product sales

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

The law does not prohibit internet tobacco product sales.

In order to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales.

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

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

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through print media, books, leaflets, handbills, posters, printed paper, billboards, or signboards. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising and promotion is prohibited in outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in outdoor advertising. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

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 producing or disseminating an advertisement of a tobacco product in any ways at the point of sale. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in so far as it prohibits all tobacco advertising and promotion at the point of sale. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

Point of sale product display

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

The law prohibits producing or disseminating an advertisement of a tobacco product in any ways at the point of sale. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco product displays at the point of sale are prohibited to the extent that they promote tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in so far as it prohibits tobacco product displays at the point of sale. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly. Additionally, while the law prohibits advertising tobacco products in any way at the point of sale, the law and/or subsequent rules should specifically prohibit tobacco product displays for better clarity.

Vending machines

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

The law prohibits installing automatic vending machines in any place for the selling of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to vending machine sales.

Conventional mail

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

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through print media, books, leaflets, handbills, posters, printed paper, billboards, or signboards. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising and promotion is prohibited in conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in conventional mail. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

Telephone and cellular phone

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

The law prohibits producing or disseminating an advertisement of tobacco products through any means including through electronic media. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, tobacco advertising and promotion is prohibited in domestic telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion through telephone and cellular phones. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

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 disseminating advertising of tobacco products through any means. The definition includes any kind of commercial action with the aim of promoting a tobacco product or tobacco use either directly or indirectly. 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. For greater certainty, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

Free distribution of tobacco products

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

The law prohibits supplying or offering any sample of tobacco products for free or at a discount for the purpose of inducing the purchase of these products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors) with respect to free distribution of tobacco products. For better clarity, the law should prohibit any free distribution of tobacco products regardless of whether such distribution is aimed at inducing the purchase of these products. Additionally, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

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 prohibits supplying or offering any sample of tobacco products for free or at a discount for the purpose of inducing the purchase of these products. Additionally, all awards or donations aimed at inducing the use of tobacco products are prohibited, as are all advertisements at the point of sale. Therefore, the law prohibits all promotional rewards in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional rewards in conjunction with a tobacco product purchase. For greater clarity, the definition of “tobacco advertising” should include commercial measures with the effect or likely effect of promoting tobacco products, directly or indirectly.

Competitions associated with tobacco products

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

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

Analysis:

The law prohibits providing awards for the purpose of advertising tobacco products or tobacco use. The definition includes performing any kind of commercial activity with the aim of promoting a tobacco product or tobacco use either directly or indirectly.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting competitions associated with tobacco products or brand names. For better clarity, the law should prohibit awards that have the effect or likely effect of promoting tobacco products or tobacco use.

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:

The law prohibits disseminating tobacco advertising through any means. However, it is not clear whether direct person to person targeting of individuals is intended to be included within the scope of “any other means.” For greater clarity, the rules should ensure direct person to person targeting of individuals is included in the scope of the ban on advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person to person targeting of individuals for the purpose of promoting tobacco products or tobacco use.

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.

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

Analysis:

The law prohibits producing, selling, or distributing any product that is similar to any tobacco product. The scope of the prohibition is limited because it does not apply to non-tobacco services.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all non-tobacco products or services using tobacco brand names or carrying a tobacco brand logo or other indicia.

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 prohibit tobacco products using non-tobacco brand names.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand-stretching by prohibiting tobacco products from using non-tobacco brand names.

Toys that resemble tobacco products

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

The law prohibits producing, selling, or distributing any product that is similar to any tobacco product. This is interpreted as prohibiting any toys that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law prohibits producing, selling, or distributing any product that is similar to any tobacco product. This is interpreted as prohibiting any candy that resembles tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting candy that resembles tobacco products.

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 prohibits any person from providing any donation, award, scholarship, or other sponsorship for the purpose of advertising tobacco products. The prohibiting language is broad enough to include retailer incentive programs, where a retailer is given awards for selling tobacco products. Therefore, such programs are banned.

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

The law prohibits sponsoring any program for the purpose of advertising tobacco products or inducing the use of tobacco products. Additionally, the law prohibits disseminating, displaying, or describing tobacco use in television, radio, Internet, stage program, or any other mass media made or made available in Bangladesh. Therefore, paid placement of tobacco products in TV, film, or other media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting paid placement of tobacco products in media.

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

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

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 disseminating, displaying, or describing tobacco use in television, radio, Internet, stage program, or any other mass media made or made available in Bangladesh. Where such tobacco use is essential to the story, such scenes may be displayed as long as a text warning regarding the harmful effects of the use of tobacco products are displayed on the screen during the scene. Further details of the warning are provided in the 2015 Rules. Therefore, unpaid depictions that are not legitimate expression are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary.

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 prohibits all donations, awards, scholarships, or other sponsorship for the purpose of advertising tobacco products or tobacco use. Because advertising is defined broadly for the purposes of this law, all financial contributions that promote tobacco products or tobacco usage, directly or indirectly, are prohibited. Despite the broad prohibition, the law appears to simultaneously allow “corporate social responsibility” (CSR) donations by the tobacco industry, so long as the donation does not promote tobacco products or tobacco use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions that promote tobacco products or tobacco use. However, for better clarity, the law should clearly prohibit all CSR contributions by the tobacco industry.

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

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

All contributions that promote tobacco products or tobacco usage are prohibited, except for “corporate social responsibility” (CSR) donations that do not promote tobacco products or tobacco use. Therefore, there can be no publicity of such sponsorship. The law imposes additional restrictions on how these CSR donations can be publicized, prohibiting the use of the name, sign, trademark, or symbol of tobacco products or manufacturers.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. For better clarity, the law should prohibit all forms of tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

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.

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 prohibits brand elements (such as words like light, mild, low-tar, extra) from use on the packet, cover, carton or container of tobacco products if they would create a false impression about the effects and risks on public health. There are no other restrictions on misleading or deceptive promotion, including no provisions regulating the use of brand elements in advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any promotion, including advertising, by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health hazards, or emissions.