LANGUAGE
Last updated: July 21st 2015

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.
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Analysis:

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Domestic newspapers and magazines

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

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

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.
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Analysis:

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion in other domestic print media (e.g., pamphlets, leaflets, posters) is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

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.
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Analysis:

The law prohibits tobacco advertising through any medium. This includes a prohibition on the sale of films or video tapes containing tobacco advertising. The ban, however, makes no mention of its application to international TV, radio, and other broadcast media. Therefore, the regulatory status of “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising and promotion to both domestic and cross-border broadcast media. In addition, for greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

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.
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Analysis:

The law prohibits tobacco advertising through any medium. The ban, however, makes no mention of its application to international newspapers and magazines. Therefore, the regulatory status of “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising and promotion to both domestic and cross-border newspapers and magazines. In addition, for greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion via internet communications is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Internet tobacco product sales

Not Applicable
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Analysis:

Tobacco product purchase and sale are prohibited in Bhutan. Therefore, there are no internet tobacco product sales.

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

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

The law prohibits tobacco advertising through any medium. Therefore, outdoor advertising of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Point of sale advertising/promotion

Not Applicable

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

Analysis:

The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there is no point of sale advertising and promotion. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Point of sale product display

Not Applicable
Analysis:

The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there is no point of sale product display.

Vending machines

Not Applicable
Analysis:

The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no tobacco products for sale by vending machines.

Conventional mail

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

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion is prohibited via conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Telephone and cellular phone

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

The law prohibits tobacco advertising through any medium. Therefore, tobacco advertising and promotion is prohibited via 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, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

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.
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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 through any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether brand marking is covered. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit brand marking. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Free distribution of tobacco products

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

The law prohibits the distribution of tobacco products as samples.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to free distribution of tobacco products.

Promotions with a tobacco product purchase

Not Applicable

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 sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no promotions associated with a tobacco product purchase.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no competitions associated with the purchase of a tobacco product. In addition, the law prohibits the sponsorship of any social organization or event to promote the consumption of tobacco products, which is interpreted as prohibiting all other competitions associated with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. For greater clarity, the terms “tobacco advertising and promotion” and “tobacco sponsorship” should be defined in accordance with FCTC Art. 1.

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.
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Analysis:

The law prohibits tobacco advertising through any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether direct person-to-person targeting of individuals is covered. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person-to-person targeting of individuals. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law prohibits advertising “any goods using the name or trade mark of tobacco and tobacco products.” Therefore, brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. For greater clarity, the law should define the term “tobacco advertising in promotion” in accordance with the definition provided in FCTC Art. 1.

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

Analysis:

The law expressly prohibits brand stretching but does not address reverse brand stretching. In addition, the law prohibits tobacco advertising via any medium. However, because the term “tobacco advertising and promotion” is not defined under the law, it is difficult to determine the scope of the ban and whether reverse brand stretching is covered. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco products or services from using non-tobacco brand names. In addition, the law should define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Toys that resemble 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.
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Analysis:

The law prohibits the display of names, trademarks, or labels of tobacco products on toys. However, it does not prohibit all toys that resemble tobacco products.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all toys that resemble tobacco products, not just those bearing the names, trademarks, or labels of tobacco products.

Candy that resembles 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.
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Analysis:

The law prohibits the display of names, trademarks, or labels of tobacco products on edibles. However, it does not prohibit all edibles, including candy, that resemble tobacco products.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all candy that resembles tobacco products, not just those bearing the names, trademarks, or labels of tobacco products.

Retailer incentive programs

Not 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 sale of tobacco products is prohibited in Bhutan. Tobacco products may be imported only for personal use. Therefore, there are no 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.
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Analysis:

Scenes depicting tobacco use are prohibited in TV, films, and cultural shows produced domestically, regardless of whether this depiction is the result of a financial or other agreement. 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 paid placement in TV, films, or other media produced domestically.

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.
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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:

Scenes depicting tobacco use are prohibited in TV, films, and cultural shows produced domestically.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.

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.
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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 the sponsorship of any educational, cultural, social, or sporting organization or event, such as athletic games, funfairs, fashion and model shows, school functions and international events to promote consumption of tobacco and tobacco products. The law does not restrict contributions to individuals or to governments.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that promote tobacco products or tobacco use.

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.
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Analysis:

The law prohibits sponsorship to any educational, cultural, social, or sporting organization or event to promote consumption of tobacco and tobacco products, so publicity of such contributions is prohibited. The law does not restrict contributions or publicity of contributions to individuals or governments, except under a general tobacco advertising prohibition. In theory, publicity of such contributions is possible.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 contains a comprehensive ban on tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.