LANGUAGE
Last updated: September 26th 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 prohibits “any kind of advertising or publicity, whether direct or indirect” as well as the dissemination of advertising in audiovisual national press. Therefore, tobacco advertising and promotion by domestic TV and radio is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising on domestic TV and radio.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits “any kind of advertising or publicity, whether direct or indirect” as well as the dissemination of advertising in printed national press. Therefore, tobacco advertising and promotion by domestic newspapers and magazines is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising in domestic newspapers and magazines.

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 prohibits “any kind of advertising or publicity, whether direct or indirect” and specifically prohibits the dissemination of printed tobacco advertising on banners, flyers and broadsides. Therefore, tobacco advertising and promotion through other domestic print media is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising on domestic print media.

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, among other things “any kind of advertising or publicity, whether direct or indirect” with regard to tobacco advertising. The definition of “promotion-advertising” broadly includes any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.

Under these provisions, arguably, tobacco advertising by international television and radio broadcast media is prohibited, because this constitutes a commercial communication with the aim of promoting a tobacco product. However, the law does not explicitly state that the ban applies to cross-border tobacco advertising and promotion. Thus, it is not clear whether tobacco advertising, promotion and/or sponsorship through international television and radio communications are banned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion by television and radio, whether domestic or international, is prohibited.

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 broadly prohibits any kind of advertising or publicity, whether direct or indirect, in relation to tobacco products. Arguably, this provision could be interpreted as prohibiting tobacco advertising in international newspapers and magazines. However, because the ban does not explicitly cover international newspapers and magazines, the regulatory status “Uncertain” is assigned.

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

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits “any kind of advertising or publicity, whether direct or indirect.” Therefore, tobacco advertising and promotion by internet communications is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising through internet communications.

Law Source, Section

Internet tobacco product sales

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

The law prohibits any kind of advertising and publicity, as well as the sale of tobacco products to minors. Because it is difficult to verify the age of the recipient of tobacco product sales via internet, the law is interpreted as prohibiting tobacco sales via internet. Moreover, the law prohibits the sale of tobacco products outside of locations specifically designated by a joint order of the Ministers of Public Health and Commerce. As of the date of this review, no such order has been issued yet.

In addition, because tobacco product sales via the internet inherently involve tobacco advertising and promotion, internet sales may be prohibited under the general ban on tobacco advertising and promotion.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco product sales via internet.

Law Source, Section

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

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

The law prohibits “any kind of advertising or publicity, whether direct or indirect” and specifically prohibits the dissemination of printed tobacco advertising on billboards, walls, banners, flyers, broadsides, and illuminated signs. Therefore, tobacco advertising and promotion through outdoor advertising is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to outdoor tobacco advertising.

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 any kind of tobacco advertising, whether direct or indirect, and specifically indicates that this prohibition applies at points of sale. Therefore, point of sale advertising is prohibited.

The ban is underscored in a joint administrative order concerning points of sale. It states: "Points of sale for tobacco products, or tobacco shops, must not under any circumstances constitute a support for advertising or promotion of tobacco and tobacco products." Under this administrative order, operators may post a commercial sign on the façade of their shop, but the sign may not display any tobacco brand names or other signs that remind people of tobacco.

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

Point of sale product display

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 joint administrative order that establishes conditions for points of sale does not explicitly state whether product display is prohibited. It does state that operators are required to post a list of the products available for sale, which may suggest that tobacco products are not permitted to be displayed. Moreover, the order states that "Points of sale for tobacco products, or tobacco shops, must not under any circumstances constitute a support for advertising or promotion of tobacco and tobacco products." Product display is an inherent form of advertising and, thus, the order could be interpreted as prohibiting display. Due to this ambiguity, the regulatory status "Uncertain" is given.

The general ban on tobacco advertising and publicity could, arguably, include point of sale product displays, especially given the broad definition of “promotion-advertising.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a total ban on any display and on the visibility of tobacco products at points of sale.

Vending machines

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 contains a general ban on tobacco advertising, and requires that points of sale for tobacco products and the characteristics intended to accommodate them be defined by a joint administrative order of the ministries of Public Health and Commerce. As of the date of this review, no such order has been issued. Therefore, the regulatory status of vending machines is "Uncertain."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meet FCTC Art. 16 with respect to vending machines sales to minors, the law should prohibit the sale of tobacco products by vending machines.

Law Source, Section

Conventional mail

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

The law prohibits “any kind of advertising or publicity, whether direct or indirect” and extends to prohibit advertising through flyers and any other print methods. Therefore, tobacco advertising and promotion by conventional mail is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising through conventional mail.

Law Source, Section

Telephone and cellular phone

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

The law prohibits “any kind of advertising or publicity, whether direct or indirect.” Therefore, tobacco advertising and promotion by telephone and cellular phone is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to tobacco advertising through telephone and cellular phone.

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 any kind of tobacco advertising or publicity, whether direct or indirect, and specifically prohibits captions and images on vehicles. The definition of “promotion-advertising” is comprehensive and includes any form of commercial communication, or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. Therefore, all brand marking is prohibited.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to brand marking.

Law Source, Section

Free distribution of tobacco products

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

The law specifically prohibits providing “a tobacco product free of charge or in exchange for the purchase of a product or service.” Therefore, the free distribution of tobacco products is banned.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to the 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:

Any kind of advertising or publicity, whether direct or indirect, is prohibited, including advertising through promotional discounts, gifts and prizes. The definition of “promotion-advertising” is comprehensive and includes any form of commercial communication or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use.

Additionally, the law specifically prohibits providing “an accessory on which there appears an element of the brand of a tobacco product free of charge, or in exchange for the purchase of a product or the provision of a service; [and] for the manufacturer, importer, or retailer to offer or give away, directly or indirectly, in exchange for the purchase of a tobacco product, particularly through a gift to the purchaser or a third party, a premium, a discount, or the right to participate in a drawing, a lottery or a contest.”

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to promotional discounts of tobacco products.

Law Source, Section

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:

Any kind of advertising or publicity, whether direct or indirect, is prohibited, including advertising through competitions associated with tobacco products. The definition of “promotion-advertising” is comprehensive and includes any form of commercial communication or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use.

Additionally, the law specifically prohibits providing “an accessory on which there appears an element of the brand of a tobacco product free of charge, or in exchange for the purchase of a product or the provision of a service; [and] for the manufacturer, importer, or retailer to offer or give away, directly or indirectly, in exchange for the purchase of a tobacco product, particularly through a gift to the purchaser or a third party, a premium, a discount, or the right to participate in a drawing, a lottery or a contest.”

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to competitions associated with tobacco products.

Law Source, Section

Direct person to person targeting of individuals

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

The definition of “promotion-advertising” is comprehensive and the law prohibits any form of commercial communication with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. Therefore, direct person to person targeting of individuals is prohibited according to the law.

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

Law Source, Section

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 definition of “promotion-advertising” is comprehensive and the law prohibits any form of commercial communication with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. This includes the use of tobacco brand names or logos on non-tobacco products or services. Therefore, brand stretching is prohibited.

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

Law Source, Section

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 definition of “promotion-advertising” is comprehensive and the law prohibits any form of commercial communication with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. This includes the use of non-tobacco brand names on tobacco products or services. Therefore, reverse brand stretching or brand sharing is prohibited.

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

Law Source, Section

Toys that resemble tobacco products

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

The law prohibits the manufacture, free distribution, and sale of “toys or any other object having the shape of a tobacco product, or calling one to mind.” Therefore, toys that resemble tobacco products are banned.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to toys resembling 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 manufacture, free distribution, and sale of “toys or any other object having the shape of a tobacco product, or calling one to mind.” Therefore, candy that resembles tobacco products is banned.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to candy resembling tobacco products.

Law Source, Section

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:

Any kind of advertising or publicity, whether direct or indirect, is prohibited, including advertising through promotional discounts, gifts, and prizes. The definition of “promotion-advertising” is comprehensive and includes any form of commercial communication or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. Given this broad definition, retailer incentive programs are prohibited under the law.

The law aligns with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to retail incentive provisions.

Law Source, Section

Paid placement of tobacco products in TV, film or other media

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

Paid placement of tobacco products in television, film, and other media is prohibited under the general ban tobacco advertising, promotion and sponsorship. The definition of “promotion-advertising” is comprehensive and includes any form of commercial communication or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use. Similarly, the definition of “underwriting-sponsorship” is also comprehensive and includes any kind of contribution to any event, activity or a natural person or corporate entity, having as its aim, effect or likely effect to promote, directly or indirectly, a tobacco product or the use of tobacco. Paid placement of tobacco products in media has a likely effect of promoting tobacco use. Therefore, we interpret the law as prohibiting paid placement of tobacco products in the media.

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

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:

The law does not specifically address unpaid depiction of tobacco products or use in the media. However, given the broad definition of “promotion-advertising,” the law is interpreted as prohibiting unpaid depiction of tobacco products or use under the general ban on tobacco, advertising, promotion and sponsorship.

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

Law Source, Section

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

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

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 any operation for underwriting or sponsorship if its purpose or effect is the promotion or publicity of a tobacco product, whether direct or indirect. Sponsorship is defined as “any kind of contribution to any event, activity or natural person or corporate entity, having as its aim, effect, or likely effect to promote directly or indirectly, the use of tobacco or of a tobacco product.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products and tobacco usage. For better clarity, the law should ensure that tobacco sponsorship is prohibited even if it has only the likely effect of promoting a tobacco product.

Law Source, Section

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:

All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.

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

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 all forms of 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 regard to promotion of tobacco products by means that are false, misleading, deceptive, or that are likely to create an erroneous impression.

Law Source, Section