LANGUAGE
Last updated: June 12th 2018

Regulated Forms of Advertising, Promotion and Sponsorship

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

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.
Analysis:

Although the law specifically prohibits tobacco advertising on radio and television, the definition of the term “advertising” is very limited and does not include advertising with the effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. Because of the limited definition, some instances of tobacco advertising and promotion would not be covered under the ban on tobacco advertising on domestic TV and radio. Therefore, the regulatory status code “Some Restrictions” is given.

The limited TV and radio advertising not captured under the ban would be subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect domestic TV and radio. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

Domestic newspapers and magazines

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.
Analysis:

Although the law specifically prohibits tobacco advertising in national magazines, the definition of the term “advertising” is very limited and does not include advertising with the effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. The law uses the term “une revue nationale,” which is interpreted as encompassing domestic newspapers, magazines, and other periodicals. Nonetheless, because of the limited definition of “advertising,” some instances of tobacco advertising and promotion would not be covered under the ban on tobacco advertising in domestic newspapers and magazines. Therefore, the regulatory status code “Some Restrictions” is given.

The limited advertising in domestic newspaper and magazine not captured under the ban would be subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

Therefore, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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

Advertising of tobacco products in other domestic print media, such as pamphlets, leaflets, posters, and signs, is allowed, although subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media such as pamphlets, leaflets, flyers, posters, signs because the law imposes only minimal content restrictions. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising in all domestic print media such as pamphlets, leaflets, flyers, posters, and signs and should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

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:

Although the law specifically prohibits tobacco advertising on radio and television, the definition of the term “advertising” is very limited and does not include advertising with the effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. Regardless of the limited definition, however, the law does not specifically address the application of the law to international TV and radio. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio, the law should explicitly apply the ban on tobacco advertising and promotion to both domestic and cross-border broadcast media. In addition, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

International newspapers and magazines

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

Although the law prohibits advertising of tobacco products in national publications specifically, it is silent as to advertising in international newspapers and magazines. Therefore, tobacco advertising in international newspapers and magazines is allowed.

There are some content restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a comprehensive ban on all domestic and cross-border tobacco advertising, promotion and sponsorship, including a prohibition on tobacco advertising in international newspapers and magazines. In addition, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

Internet communications

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.

Internet communications (not sales)

Analysis:

Advertising of tobacco products on the internet is restricted to content that is accessible only to an adult audience. Permitted tobacco advertising is also subject to other content restrictions. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising in all internet communications and adopt a definition of “tobacco advertising and promotion” which aligns with the FCTC definition.

Internet tobacco product sales

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

The law does not address the sale of tobacco products via the internet. Therefore, the law is interpreted as allowing internet tobacco product sales.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales based domestically and cross-border, as these sales inherently involve tobacco advertising and promotion as provided in FCTC Art. 13 Guidelines paras. 18-19. Additionally, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

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

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.
Analysis:

Although the law specifically prohibits tobacco advertising on billboards, the definition of the term “advertising” is very limited and does not include advertising with the effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. Because of the limited definition, some instances of tobacco advertising and promotion may not be covered under the ban on billboards. Moreover, the law does not address other forms of outdoor advertising, such as posters or other placards. Therefore, the regulatory status code “Some Restrictions” is given.

There are some content restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all outdoor advertising and adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

Point of sale advertising/promotion

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

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

Analysis:

Advertising of tobacco products is allowed at points of sale, and is subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people. Aside from these restrictions, point of sale advertising and promotion is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising and promotion at points of sale and define the term “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Point of sale product display

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

The law is silent as to point of sale product display. Therefore, point of sale product display is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco product display, including the visibility of tobacco products, at point of sale in accordance with FCTC Art. 13 Guidelines para. 13.

Vending machines

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

The law does not address vending machine sales of tobacco products specifically. The definition of the term “advertising” is very limited in that it does not include items that have the effect or likely effect of promoting tobacco consumption, making it difficult to determine whether the law covers vending machine sales. Because the law permits displays of tobacco products at points of sale, it is interpreted as allowing vending machine sales of tobacco products.

To align with FCTC Art. 13 and 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. In addition, at a minimum, to meet their obligation under FCTC Art. 16, Parties should ensure that tobacco vending machines under their jurisdiction are not accessible to minors and do not promote the sale of tobacco products to minors.

Conventional mail

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

Advertising of tobacco products through conventional mail is allowed, although subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people. Aside from these restrictions, advertising through conventional mail is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising through conventional mail.

Telephone and cellular phone

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

Advertising of tobacco products is allowed subject to some restrictions. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people. Aside from these restrictions, advertising through telephone and cellular phone is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephones. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising through telephone and cellular phone.

Brand marking on physical structures

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

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:

Brand marking is allowed, although subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Advertising, including brand marking, is prohibited on plastic bags. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Additionally, it is prohibited to promote tobacco products among young people. Aside from these restrictions, advertising through distinctive words, designs, images, logos, sounds or colors is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising through brand marking.

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.
Analysis:

The law prohibits the free distribution of tobacco products to minors and “persons who are not smokers”; however, this practice is otherwise permitted.

Although the law meets FCTC Art. 16 with respect to banning free distribution to minors, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because it permits some free distribution. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the free distribution of tobacco products to everyone.

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.

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:

Promotional offers, such as discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase, are restricted to adults only. Generally, advertising of tobacco products is allowed subject to some restrictions. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Aside from these restrictions, advertising through promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional prizes and discounts. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit advertising through all promotional discounts, gifts, prizes, and rewards.

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.

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

Analysis:

Competitions associated with tobacco products or brand names are restricted to adults only. Permitted competitions are subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit competitions associated with tobacco products or brand names.

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.
Analysis:

Direct person-to-person advertising of tobacco products is restricted to adults only. The law prohibits the promotion of tobacco products among young people, which includes direct marketing pitches. Person-to-person targeting of adults is subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor, or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity. Aside from these restrictions, advertising through direct person-to-person targeting of adults is permitted.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person-to-person advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising through person-to-person 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.

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

Analysis:

Tobacco advertising is prohibited on “articles sold chiefly to young people or primarily used by them.” This would include the use of tobacco brand names, logos, or other indicia on these articles. Aside from articles sold chiefly to young people or primarily used by them, brand stretching is permitted.

Advertising of tobacco products is allowed subject to some restrictions. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity or by targeting young people.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching. Additionally, the law should define the term “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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:

Advertising of tobacco products is allowed subject to some restrictions that apply to all permitted forms of tobacco advertising and promotion. Specifically, it is prohibited for any manufacturer, importer, supplier, distributor or vendor of cigarettes and other tobacco products to create advertising by representing a young person or a celebrity or by targeting young people. Aside from the aforementioned exceptions, brand stretching is allowed.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching. Additionally, the law should define the term “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Toys that resemble tobacco products

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

The law does not prohibit the sale of toys or candy that resemble tobacco products; therefore, the regulatory status “Allowed” is given.

The law does, however, include a provision prohibiting advertising for cigarettes or other tobacco products on items sold chiefly to or used primarily by minors.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including the sale of toys and candy that resemble tobacco products. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

Candy that resembles tobacco products

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

The law does not prohibit the sale of toys or candy that resemble tobacco products; therefore, the regulatory status “Allowed” is given.

The law does, however, include a provision prohibiting advertising for cigarettes or other tobacco products on items sold chiefly to or used primarily by minors.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including the sale of toys and candy that resemble tobacco products. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

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 prohibit retailer incentive programs; therefore, it is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including retailer incentive programs. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

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

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.
Analysis:

Paid placement falls within the definition of “advertising” as it is a communication that seeks to encourage the use of tobacco products. The law specifically prohibits tobacco advertising, which includes paid placement, on television. Additionally, in films advertising for cigarettes or other tobacco products is prohibited only in films which are not reserved for an exclusively adult audience. Therefore, the law is interpreted as allowing paid placement of tobacco products in some films.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit paid placement in both television and film media and adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

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 definition of the term “advertising” is very limited and does not include advertising with the effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. Therefore, unpaid depiction is not likely covered by the definition of “advertising.” As a result, the law is interpreted as allowing the unpaid depiction of tobacco products or use in TV, film, and other entertainment media.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid placement in television and films. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco products or use in television, film, and other media. In addition, the law should adopt a definition of “tobacco advertising and promotion” which aligns with the definition provided in the FCTC.

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 most sponsoring on behalf of a tobacco product involving events, activities, teams, or individuals. “Sponsoring” is defined as “any public or private contribution made to a third party in relation to an event, a team or an activity whose purpose is to promote cigarettes and other tobacco products.” However, the law allows sponsoring events, activities, teams, or individuals only where all the participants or members are adults. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any contribution to promote a tobacco product or tobacco use, regardless of whether adults or minors are involved.

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.
Analysis:

The law prohibits sponsoring events, activities, teams, or individuals that involve any minors. Sponsorship that targets adults exclusively is not regulated, except incidentally by rules that apply to tobacco advertising generally. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof, regardless of whether adults or minors are involved.

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 address promotion by false, misleading or deceptive means; therefore, the law is interpreted as allowing these practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.