LANGUAGE
Last updated: September 17th 2019

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 on Tobacco Control prohibits advertising of tobacco products through mass media in the form of picture, text, or sound on radio, television, magazine, CD, VCD, DVD, and other telecommunication services.

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. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

Domestic newspapers and magazines

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

The Law on Tobacco Control prohibits advertising of tobacco products through mass media in the form of picture, text, or sound on radio, television, magazine, CD, VCD, DVD, and other telecommunication services. Although newspapers are not specifically listed among banned media, the ban applies to "mass media”; therefore, tobacco advertising in newspapers is prohibited.

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. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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:

The Law on Tobacco Control prohibits tobacco advertising and promotion through "mass media in the form of picture [and] text" and "on poster, billboard, banner, drawing, or other publicized tobacco advertising placard." Therefore, tobacco advertising and promotion is prohibited through all domestic print media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control prohibits advertising of tobacco products on TV and radio. However, because the law does not explicitly address 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 make clear that the ban on tobacco advertising and promotion on TV and radio applies to international as well as domestic media. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

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 on Tobacco Control prohibits advertising of tobacco products in “mass media,” which is interpreted to include newspapers and magazines. However, because the law does not explicitly address 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 make clear that the ban on tobacco advertising and promotion in newspapers and magazines applies to international as well as domestic media. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The Law on Tobacco Control prohibits advertising of tobacco products through mass media in the form of picture, text, or sound on radio, television, magazine CD, VCD, DVD, and other telecommunication services. Internet communications are a telecommunications service and, therefore, tobacco advertising and promotion through internet communications is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by internet communications. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

Internet tobacco product sales

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

The Law on Tobacco Control prohibits the sale of tobacco products by "indirect means, by automated vending machine, mail order, and the purchase order through various telecommunication services." Internet is a telecommunications service and, therefore, internet tobacco product sales are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.

Law Source, Section

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

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

The Law on Tobacco Control prohibits "advertising of tobacco products on poster, billboard, banner, drawing, or other publicized tobacco advertising placard." Therefore, all outdoor tobacco advertising is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control prohibits tobacco advertising and promotion through "mass media," on "poster, billboard, banner, drawing, and other publicized tobacco advertising placard," and at "any public place." In addition, the law prohibits the promotion of tobacco products to customers by agents of tobacco companies. These provisions are interpreted as covering all possible forms of point of sale tobacco advertising and promotion (other than product display). The MOH Prakas on Advertising explicitly permits at point of sale only a sign (30cm x 20cm) with the logo or name of each tobacco product available for sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control and the Sub-Decree on Advertising authorize the Minister of Health to regulate product display at point of sale. The MOH Prakas on Advertising allows only one pack of each brand of tobacco product to be displayed at points of sale.

FCTC Art. 13 Guidelines para. 13 states: "To ensure that points of sale of tobacco products do not have any promotional elements, Parties should introduce a total ban on any display and on the visibility of tobacco products at points of sale. Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the laws should prohibit the display and visibility of all tobacco products at point of sale.

Vending machines

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

The Law on Tobacco Control prohibits the sale of tobacco products through indirect means, including vending machines.

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

Law Source, Section

Conventional mail

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

The Law on Tobacco Control prohibits tobacco advertising and promotion through "mass media in the form of pictures [or] text on ... postal service" and "on poster, billboard, banner, drawing, or other publicized tobacco advertising placard." This is interpreted as prohibiting all tobacco advertising and promotion through all domestic print media, the medium required for advertising through conventional mail. Therefore, tobacco advertising and promotion through conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

Telephone and cellular phone

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

The Law on Tobacco Control prohibits advertising of tobacco products through mass media in the form of picture, text, or sound on radio, television, magazine, CD, VCD, DVD, and other telecommunication services. Telephone and cellular phone are telecommunications services; therefore, tobacco advertising and promotion by telephone or cellular phone is banned.

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. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control prohibits "advertising of tobacco products in public on poster, billboard, banner, drawing, or other publicized tobacco advertising placard ... and the advertisement of tobacco products in the form of mobile picture on wall of a car or on the vehicles and all types of means of transportation." The law also prohibits "advertising of tobacco products to the public at any public place such as concert or sport event or other events." Together these provisions are interpreted as prohibiting the use of distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retails outlets, and on vehicles and equipment.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

Free distribution of tobacco products

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

The law does not specifically prohibit the free distribution of tobacco products. However, the Law on Tobacco Control and the Sub-Decree on Advertising prohibit the promotion of tobacco products to customers by agents of tobacco companies. This is interpreted as prohibiting the free distribution of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to free distribution of tobacco products. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control and the Sub-Decree on Advertising prohibit the promotion of tobacco products to customers by agents of tobacco companies. This is interpreted as prohibiting promotional discounts, gifts, prizes, and rewards to consumers in conjunction 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. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control and the Sub-Decree on Advertising prohibit the promotion of tobacco products to customers by agents of tobacco companies. This is interpreted as prohibiting 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. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Direct person to person targeting of individuals

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

The Law on Tobacco Control prohibits advertising of tobacco products "to the public at any public place such as a concert or sport event or other events," as well as the promotion of tobacco products to customers by agents of tobacco companies. Because direct person-to-person targeting generally takes place at public events, and is conducts by agents of tobacco companies, this provision is interpreted as prohibiting direct person-to-person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control and the Sub-Decree on Advertising prohibit "advertising of tobacco products on poster, billboard, banner, drawing," and other advertising materials. The phrase "other advertising materials" is interpreted to include non-tobacco products and services. Therefore, the use of tobacco brand names, logos, or other indicia on non-tobacco products (brand stretching) is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "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:

The law does not address reverse brand stretching. Therefore, it is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching. To clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "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 address the manufacture and sale of toys that resemble tobacco products. Therefore, the law is interpreted as allowing such toys.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the manufacture and sale of toys that resemble tobacco products. To clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Candy that resembles tobacco products

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

The law does not address the manufacture and sale of candy that resembles tobacco products. Therefore, the law is interpreted as allowing such candy.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the manufacture and sale of candy that resembles tobacco products. To clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 address retailer incentive programs. 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 prohibit all tobacco advertising and promotion, including retailer incentive programs. To clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 on Tobacco Control prohibits "the advertisement of tobacco products through mass media in the form of picture, text or sound on radio, television, magazine, CD, VCD, DVD, postal service, telecommunication service and on other broadcasting systems." Because paid placement occurs through mass media, this is interpreted as prohibiting the paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in media. However, to clarify the scope of the ban on tobacco advertising and promotion, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

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 law does not address unpaid depiction of tobacco use or tobacco products in media. Therefore, the law is interpreted as allowing unpaid depiction.

The FCTC Art. 13 Guidelines state: "The depiction of tobacco in entertainment media products, such as films, theatre and games, can strongly influence tobacco use, particularly among young people" and recommends steps to ensure that the depiction of tobacco use and products in media appears only when it serves a legitimate purpose. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction in manner suggested by Guidelines paras. 29-31.

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 on Tobacco Control prohibits some forms of sponsorship; specifically, sponsorship of concerts, sports events, or other public events, and only where tobacco products or brand names are shown. In other words, if the tobacco products or names are not shown, financial support is permissible for these types of events, and financial support is permissible for all other types of events, activities, and individuals. In addition, the Sub-Decree on Advertising specifically allows sponsorship of humanitarian activities or corporate social responsibility programs if tobacco advertising is not shown.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms tobacco sponsorship of events, activities, individuals, and governments.

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:

The Law on Tobacco Control restricts tobacco sponsorship. However, publicity of permitted sponsorship is prohibited by the ban on tobacco advertising, which prohibits tobacco advertising in mass media, on billboards, posters, other advertising materials, and in public places.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of sponsorship. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms tobacco sponsorship of events, activities, individuals, and governments.

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 on Tobacco Control prohibits the use on tobacco product packages of misleading terms, "including aroma and savory scent, light taste, mild taste, Vitamin taste and Caffeine taste." The law does not specifically prohibit trademarks, emblems, images, logos, colors, or figures that are misleading or deceptive. While there is a ban on direct advertising, some forms of indirect advertising and promotion escape the ban, including point of sale display. These provisions together suggest that some forms of false or misleading advertising may escape the ban. 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 promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of tobacco products.

Law Source, Section