LANGUAGE
Last updated: January 22nd 2020

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 tobacco advertisements that depict a tobacco product, packaging, or brand. In addition, the Sound Broadcasting Service Regulations and Television Broadcasting Service Amendment Regulations prohibit tobacco advertising on radio and television, respectively, without the express permission of the broadcasting commissioners.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Domestic newspapers and magazines

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

Section 14 prohibits tobacco advertisements that depict a tobacco product, packaging, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law is interpreted as prohibiting tobacco advertisements in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

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:

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law is interpreted as prohibiting tobacco advertisements via domestic print media, such as pamphlets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

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 tobacco advertisements that depict a tobacco product, packaging, or brand. In addition, the Sound Broadcasting Service Regulations and Television Broadcasting Service Amendment Regulations prohibit tobacco advertising on radio and television, respectively, without the express permission of the broadcasting commissioners. However, because the law does not explicitly ban tobacco advertising on international or cross-border TV and radio, the regulatory status "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.

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:

Section 14 prohibits tobacco advertisements that depict a tobacco product, packaging, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law would be interpreted as prohibiting tobacco advertisements in newspapers and magazines. However, because the law does not explicitly ban tobacco advertising in international newspapers and magazines, the regulatory status "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:

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law is interpreted as prohibiting tobacco advertisements via internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Law Source, Section

Internet tobacco product sales

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

The law does not directly address internet sales of tobacco products. Therefore, the law is interpreted as allowing such sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet sales of tobacco products as such sales inherently involve tobacco advertising and promotion, as stated in FCTC Art. 13 Guidelines paras. 18-19.

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

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

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law is interpreted as outdoor tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

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 retailers from advertising or promoting cigarette products, tobacco products, smokeless tobacco products or rolling papers at the point of sale.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Law Source, Section

Point of sale product display

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 retailers from displaying cigarette products, tobacco products, smokeless tobacco products, or rolling papers in a retail shop by means of a countertop display, in any manner that allows the purchaser to handle product before purchasing it, or within three meters of confectionary, snacks, toys, and other items that may reasonably appeal to minors.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the display and visibility of all tobacco products at all retail points of sale.

Law Source, Section

Vending machines

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

The law prohibits the sale of tobacco products by vending machine.

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

Law Source, Section

Conventional mail

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

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Read together, the law is interpreted as prohibiting tobacco advertisements via conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Law Source, Section

Telephone and cellular phone

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

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Because the definition covers “any form of communication,” the law is interpreted as prohibiting tobacco advertising by telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phone. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

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 tobacco advertising and promotion if any branding is displayed on a non-tobacco product. This provision is interpreted as prohibiting brand marking.

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

Law Source, Section

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 only retailers from furnishing cigarette products, tobacco products, and smokeless tobacco products without monetary consideration. However, it leaves open the possibility that entities other than the retailer (i.e., manufacturer) could distribute free samples.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit all 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 prohibits retailers from providing promotions with a cigarette product, tobacco product, or smokeless tobacco product purchase.

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

Law Source, Section

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:

The law does not specifically address competitions associated with tobacco products. Although the law includes a broad description of tobacco advertising in Section 12, it is unclear how promotional activities such as competitions would be treated under the law. Therefore, the regulatory status “Uncertain” is given.

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

Law Source, Section

Direct person to person targeting of individuals

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

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Because the definition covers “any form of communication,” the law is interpreted as prohibiting tobacco advertising by direct person-to-person marketing pitches.

Moreover, the law prohibits any person from employing or authorizing “anyone to promote cigarette products, tobacco products or smokeless tobacco products at any place where the public is invited.” Thus, any direct person-to-person marketing pitches are prohibited in public places.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Law Source, Section
Sections 12, 14, 18

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 the sale of non-tobacco products displaying a cigarette product, tobacco product, or smokeless tobacco product brand.

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

Law Source, Section

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:

Although the law specifically addresses brand stretching, it does not address reverse brand stretching – tobacco products or services using non-tobacco brand names. Thus, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

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

The law prohibits the importation, manufacture, and sale of “confectionary, snacks, toys, or other products or objects” that resemble cigarette products or tobacco products.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 the importation, manufacture, and sale of “confectionary, snacks, toys, or other products or objects” that resemble cigarette products or tobacco products.

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

Law Source, Section

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:

There are no provisions addressing retailer incentive programs or other payments to encourage the sale of tobacco products. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion, including 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:

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Thus, the law is interpreted as prohibiting paid placement because it involves depiction of a tobacco product, package, or brand.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Law Source, Section

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:

Section 14 of the law prohibits tobacco advertisements that depict a tobacco product, package, or brand. Section 12 contains a broad description of what constitutes a tobacco advertisement, including any communication, recommendation, or action with the effect or likely effect of promoting a tobacco product or tobacco use. Taken together, these provisions are interpreted as prohibiting unpaid depiction of tobacco products or use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction. For greater clarity, drafters of the law should consider removing the language limiting the advertising ban to those advertisements that depict a tobacco product, its package, or brand.

Law Source, Section

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:

The law prohibits displaying a cigarette product, tobacco product, or smokeless tobacco product brand “in a promotion that is used in the sponsorship of a person, team, event or activity.” This provision is interpreted as prohibiting most publicity of sponsorship but not the underlying contribution.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship or support by the tobacco industry to events, activities, individuals/groups, organizations or governments, regardless of whether that contribution is publicized. In addition, the law should contain a definition of "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

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 displaying a cigarette product, tobacco product, or smokeless tobacco product brand “in a promotion that is used in the sponsorship of a person, team, event or activity.” This provision is interpreted as prohibiting most publicity of sponsorship but not the underlying contribution. However, certain forms of publicity may not be covered, such as publicizing a manufacturer’s name in association with a contribution. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof. In addition, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Law Source, Section

Promotion by any means that are false, misleading or deceptive

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

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 the promotion of a cigarette product, tobacco product, or smokeless tobacco product “in a manner that is false, misleading or deceptive or that is likely to create an incorrect impression about the characteristics, health effects or health hazards of [such products].”

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.

Law Source, Section