LANGUAGE
Last updated: December 14th 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 generally prohibits all direct and indirect advertising and promotion of tobacco products, including on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.

Domestic newspapers and magazines

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

The law generally prohibits all direct and indirect advertising and promotion of tobacco products, including in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

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 generally prohibits all direct and indirect advertising and promotion of tobacco products, including in other domestic print media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.

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 generally prohibits tobacco advertising and promotion through any direct or indirect means. However, the law does not explicitly address advertising on international TV and radio. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.

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 generally prohibits tobacco advertising and promotion through any direct or indirect means. However, the law does not explicitly address advertising in international newspapers and magazines is prohibited. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international (cross-border) newspapers and magazines is prohibited.

Internet communications

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

Internet communications (not sales)

Analysis:

The law generally prohibits all direct and indirect advertising and promotion of tobacco products by any means, including through internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.

Internet tobacco product sales

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

The law does not specifically prohibit or restrict the sale of tobacco products through the internet; therefore, the law is interpreted as permitting internet tobacco product sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of tobacco advertising and promotion.

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

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

The law generally prohibits all direct and indirect advertising and promotion of tobacco products, including outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

Point of sale advertising/promotion

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.

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

Analysis:

The law permits advertising and promotion of tobacco products at points of sale where the advertising is not visible from the outside, restricted to persons over the age of 18, and available only upon request. This exception shall be subject to regulations, but such regulations have not yet been issued.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion at points of sale.

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 the display of tobacco products in places that allow direct access by the consumer or that are within the reach of children.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale product display.

Vending machines

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

The law prohibits tobacco sales through vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to tobacco sales through vending machines.

Conventional mail

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

The law generally prohibits all direct and indirect advertising and promotion of tobacco products, including conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Telephone and cellular phone

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

The law generally prohibits all direct and indirect advertising and promotion of tobacco products, including by telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone.

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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted as including brand stretching/trademark diversification.

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

Free distribution of tobacco products

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

The law prohibits the free distribution of tobacco products.

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

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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to prohibit promotions with a 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.

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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to prohibit 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.

Direct person to person targeting of individuals

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

The law generally prohibits direct and indirect advertising and promotion of tobacco products, including direct person-to-person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting.

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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to prohibit brand stretching.

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

Reverse brand stretching or brand sharing

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

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

Analysis:

The law generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to prohibit reverse brand stretching.

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

Toys that resemble tobacco products

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

Supreme Decree No. 29376 prohibits the distribution or importation of toys that resemble tobacco products. Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under Law No. 1280, Supreme Decree No. 29376 is to remain in force so long as it is not contrary to Law No. 1280.

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

Candy that resembles tobacco products

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

Supreme Decree No. 29376 prohibits the distribution or importation of candy that resembles tobacco products. Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under Law No. 1280, Supreme Decree No. 29376 is to remain in force so long as it is not contrary to Law No. 1280.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to prohibit retailer incentive programs.

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 generally prohibits direct and indirect advertising and promotion of tobacco products. This is interpreted to include paid placement of tobacco products in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other 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 generally prohibits direct and indirect advertising and promotion of tobacco products. Given the broad definition of “tobacco advertising and promotion,” this is interpreted to include unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

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 tobacco sponsorship. However, the definition of “tobacco sponsorship” specifically mentions contributions to acts (events) and activities, but makes no mention of individuals or groups/organizations. Therefore, the law appears to prohibit sponsorship of acts/events and activities, but not those to individuals or groups/organizations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship of events, activities, individuals, organizations, and governments, and define “tobacco sponsorship” in accordance with the definition contained in FCTC Art. 1(g)

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:

While the law does not prohibit all tobacco sponsorship because of the limited definition of that term, the law generally prohibits all direct and indirect advertising and promotion of tobacco products with one exception for advertising at points of sale subject to certain conditions. Because of the general ban on tobacco advertising and promotion, there can be no publicity of permitted forms of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship.

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 generally prohibits direct and indirect advertising and promotion of tobacco products, subject to a few exceptions for point of sale advertising that is not visible from outside the shop and directed to consenting adults upon request. The law does not limit false, misleading, or deceptive aspects of this limited permitted form of advertising. Therefore, the regulatory status code “Some Restrictions” is given.

Further, Supreme Decree No. 29376 and Specific Regulation for the Administration of Law No. 3029 prohibit misleading packaging and labeling, including the use of words such as “Light”, “Ultra-Smooth”, “Smooth”, “Light”, etc. on tobacco product packaging.  These instruments remain in effect until regulations are approved under Law No. 1280.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion of tobacco products by false, misleading or deceptive means.