LANGUAGE
Last updated: October 16th 2018

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 specifically bans “commercial advertising” of tobacco products by electronic media. Since TV, radio, and other broadcast media such as satellite and cable are forms of electronic media, they are covered by the ban.

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

Domestic newspapers and magazines

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

The law prohibits “commercial advertising” of tobacco, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in domestic newspapers and magazines is covered by the ban.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.
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Analysis:

The law prohibits “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in other domestic print media is covered by the ban.

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

International 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 bans “commercial advertising” of tobacco products through electronic media. Since TV, radio, and other broadcast media such as satellite and cable are forms of electronic media, they are covered by the ban. The ban applies to advertising “in all of the national territory.” Although the law does not explicitly apply the ban to international means of advertising and promotion, this clause makes it clear that all commercial advertising of tobacco products, regardless of origin, is prohibited in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV, radio, and other forms of media.

International newspapers and magazines

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

The law prohibits “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in newspapers and magazines is covered by the ban. The ban applies to advertising “in all of the national territory.” Although the law does not explicitly apply the ban to international means of advertising and promotion, this clause makes it clear that all commercial advertising of tobacco products, regardless of origin, is prohibited in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

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 specifically bans “commercial advertising” of tobacco products “by electronic media, including the internet.”

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

Internet tobacco product sales

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

Resolution No. 15 prohibits internet sales of tobacco products. Further, tobacco sales by mail are specifically banned under Law No. 9.294.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to 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 “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. Outdoor advertising is covered under the ban.

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

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Point of sale advertising/promotion (other than product displays)

Analysis:

The law prohibits “commercial advertising” of tobacco products, with the sole exception of the display of tobacco products at points of sale. Regulations further specify that “the use of posters, panels, bills or any device or visual, graphic, sound, sensory or movement or lighting device, either inside the display rack or case, or placed outside, that highlights products or a specific brand” is prohibited. Therefore, tobacco advertising and promotion, apart from the products themselves, at points of sale is prohibited under the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion at the point 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.
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Analysis:

The law prohibits “commercial advertising” of tobacco products. However, the law makes an explicit exception for the display of tobacco products at points of sale, although the law places several restrictions on the display. Packs themselves are allowed to be displayed in display racks or cases, but no other branding or advertising is permitted on the racks or cases. Regulations further specify that “the use of posters, panels, bills or any device or visual, graphic, sound, sensory or movement or lighting device, either inside the display rack or case, or placed outside, that highlights products or a specific brand” is prohibited.

Each display stand or sample cases must display a graphic health warning and a statement that sales to minors are prohibited (to occupy 20% of the surface area visible to the public), and a table of prices. Display racks or cases may contain only tobacco products, the required health warnings, and price lists.

Beginning in 2020, tobacco product displays will be required to be placed “as far as possible from candy, chewing gum, sweets, chocolates, ice cream and popsicles and toys.”

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 tobacco advertising and promotion, including point of sale product display.

Vending machines

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

The law does not address vending machine sales of tobacco sales specifically. Thus, it is interpreted as allowing vending machine sales of tobacco products.

For the law 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 its jurisdiction are not accessible to minors and do not promote the sale of tobacco products to minors.

Conventional mail

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

The law specifically bans tobacco sales by mail. In addition, the law prohibits “commercial advertising” of tobacco products, which covers any advertising and promotion materials sent through the mail. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Telephone and cellular phone

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

The ban on “commercial advertising” of tobacco products through electronic media covers advertising and promotion by telephone and cellular phone since these are electronic means.

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

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 “commercial advertising” of tobacco products, with the sole exception of the display of tobacco products at points of sale. In addition, Resolution No. 213 of January 23, 2018 specifically prohibits “use of the brand name or element that identifies the brand of the product derived from tobacco, such as a logo, symbol, a slogan or character, on any product.” Therefore, brand marking is not permitted.

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

Free distribution of tobacco products

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

The law specifically prohibits the distribution of a tobacco product as a sample or a giveaway. The law therefore aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets FCTC Art. 16 (sales to and by minors) in this regard.

Promotions with a tobacco product purchase

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

Resolution No. 213 of January 23, 2018 specifically prohibits “making the sale of other products, ... or of services of any kind, contingent upon the purchase of smoking products derived of tobacco” and the distribution of “complimentary gifts relating to smoking products derived from tobacco.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, etc. in conjunction 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 ban on “commercial advertising” of tobacco products could be interpreted to ban competitions associated with tobacco products or brand names, whether requiring the purchase of tobacco products or not. Given the broad definition of “advertising” in Resolution No. 213 of January 23, 2018, the law is interpreted as prohibiting this type of promotional activity.

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.
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Analysis:

The law prohibits “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. The ban is interpreted as covering direct person to person communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person to person targeting.

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 “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. The ban is interpreted as covering brand stretching. Moreover, Resolution No. 213 of January 23, 2018 prohibits the use of a brand name or element on any product (with the exception of the product itself).

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Reverse brand stretching or brand sharing

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law does not specifically address reverse brand stretching. However, given the broad definition of “advertising” in Resolution No. 213 of January 23, 2018, the law is interpreted as prohibiting 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:

Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products. As a result, toys that resemble tobacco products are prohibited.

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

Law Source, Section
Law No. 12.921 of December 26, 2013
Art. 1

Candy that resembles tobacco products

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

Resolution No. 304 specifically bans the production, importation, sale, advertising, and distribution of foodstuffs resembling tobacco products.

In addition, Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products.

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning candy and other foodstuffs that resemble tobacco products.

Law Source, Section
Law No. 12.921 of December 26, 2013
Art. 1

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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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 specifically address payments or rewards to retailers. This practice is common in Brazil.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs as a form of tobacco advertising, promotion and sponsorship.

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:

The law specifically bans indirectly contracted advertising in programs produced in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

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.
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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:

Since the law specifically refers to indirectly contracted (paid) advertising without mentioning unpaid depictions, it is implied that only paid placement is prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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 sponsoring of cultural or sporting activities. Sponsoring is not defined so the scope of that provision is unclear. Regardless, other forms of financial contributions that promote tobacco use or tobacco products are not prohibited, such as “corporate social responsibility” programs or youth smoking prevention programs.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions. To align, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.

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.
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Analysis:

The law prohibits sponsoring of cultural or sporting activities. Sponsoring is not defined so the scope of that provision is unclear. Regardless, the law does not regulate other forms of sponsorship, such as sponsorship of individuals or donations to charities or youth smoking prevention programs. However, it is likely that publicity of such donations would not be allowed under the general ban on “commercial advertising,” which is defined broadly under Resolution No. 213 of January 23, 2018. Thus, the regulatory status “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of 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.
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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 prohibits the use on packaging of “words, symbols, sound devices, drawings or images that could . . . create the false impression that one brand is less harmful to health than another.” However, the law does not address the use of colors or numbers. In addition, the law does not address other forms of promotion that may be misleading (although most forms of tobacco advertising and promotion are prohibited). As a result, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression. This should be done in addition to imposing a complete tobacco advertising, promotion and sponsorship ban.