LANGUAGE
Last updated: September 20th 2017

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 tobacco advertising via television broadcast and radio.

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

Domestic newspapers and magazines

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

Administrative Order No. 018 /MSSPG/CAB prohibits all tobacco advertising. This includes advertising via domestic newspapers and magazines.

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.
Analysis:

Administrative Order No. 018 /MSSPG/CAB prohibits all tobacco advertising. Additionally, the law prohibits advertising via pamphlets, leaflets, flyers and posters. Therefore, advertising via other domestic print media is prohibited.

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)

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 all tobacco advertising, particularly on TV and radio. However, the law does not explicitly ban cross-border advertising broadcast from outside of Comoros. Therefore, the regulatory status of “Uncertain” has been assigned. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including TV, radio, and other means of broadcast such as satellite and cable.

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 prohibits all tobacco advertising. However, the law does not explicitly ban cross-border advertising. Therefore, the regulatory status of “Uncertain” has been assigned. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including international newspapers and magazines.

Internet communications

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

Internet communications (not sales)

Analysis:

The law prohibits all tobacco advertising, however, the law does not explicitly prohibit tobacco advertising through internet communications; therefore, the regulatory status of “Uncertain” has been assigned. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including via internet communications.

Internet tobacco product sales

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

The law does not address tobacco product sales via internet. Therefore, the law is interpreted as allowing such sales. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet sales of tobacco products as such sales inherently involve tobacco advertising and promotion, as stated in FCTC Art. 13 Guidelines paras. 18-19.

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

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

The law prohibits tobacco advertising in any form of outdoor advertising. This is interpreted as including billboards and posters.

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

Point of sale advertising/promotion

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

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

Analysis:

Point of sale advertising is permitted in the law and permissible forms of tobacco advertising are subject to additional regulations. In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including at the point of sale.

Point of sale product display

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

Inter-Ministerial Administrative Order No. 13-019, cautions against point of sale product display, however it permits tobacco products to be displayed on a specific shelf in the establishment.

In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including at the point of sale.

Vending machines

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

The law does not address vending machine sales of tobacco products. Therefore, the law is interpreted as allowing vending machine sales of tobacco products.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Conventional mail

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

The law prohibits tobacco advertising in any form of printed press. This is interpreted as including conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

Telephone and cellular phone

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

The law prohibits all tobacco advertising. This is interpreted as including advertising by telephone and cellular phone.

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

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:

Administrative Order No. 018 /MSSPG/CAB prohibits all tobacco advertising. Additionally, the law prohibits any publicity or advertising for “an object or product other than tobacco” that may constitute “indirect or clandestine publicity or advertising for tobacco products.” This is interpreted as prohibiting brand marking.

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.
Analysis:

The law specifically prohibits the distribution of a tobacco product as a sample or a giveaway.

The law 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.

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 prohibits the offering or providing of any promotions or rebates for the purchase of a tobacco product, including promotional gifts, discounts, prizes or rewards.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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 prohibits promotion of sponsorship that displays a tobacco product brand element or tobacco manufacturer name. This provision is interpreted as prohibiting competitions associated with tobacco products or brand names, as this is a form of promotion of sponsorship.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Direct person to person targeting of individuals

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

Direct person to person targeting of individuals is not addressed specifically in the law. It is unlikely that the forms of advertising and promotion that are banned encompass person to person advertising. Moreover, although permissible forms of tobacco advertising are subject to additional regulations, no regulations addressing person to person advertising currently exist.

In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including direct person to person targeting of individuals.

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 prohibits advertising of tobacco products, particularly on products that are not related to the tobacco product themselves. Therefore, the ban is interpreted as covering brand stretching.

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

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:

Reverse brand stretching is not addressed specifically in the law. It is unlikely that the forms of advertising and promotion that are banned encompass brand stretching. Moreover, although permissible forms of tobacco advertising are subject to additional regulations, no regulations addressing reverse brand stretching currently exist.

In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including reverse brand stretching.

Toys that resemble tobacco products

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

The law prohibits the manufacture and sale of candies, toys or other items having the shape of a tobacco product that are attractive to minors.

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

Candy that resembles tobacco products

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

The law prohibits the manufacture and sale of candies, toys or other items having the shape of a tobacco product that are attractive to minors.

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

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, promotion and sponsorship in accordance with constitutional considerations.

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 prohibits most forms of advertising of tobacco products. “Advertising promotion” is defined as “any kind of communication, recommendation of action or commercial construction having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.” This definition is interpreted as encompassing paid placement and therefore paid placement of tobacco products in TV, film and other media is prohibited.

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

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:

Unpaid placement of tobacco products is not addressed specifically in the law. It is unlikely that the forms of advertising and promotion that are banned encompass unpaid placement of tobacco products. Moreover, although permissible forms of tobacco advertising are subject to additional regulations, no regulations addressing unpaid placement of tobacco products currently exist.

In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including unpaid placement of products.

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 all sponsorship of events by the tobacco industry. The term “underwriting sponsorship” is defined as “any kind of contribution to any kind of event, activity or person having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or use of tobacco. Therefore, the law is interpreted as prohibiting any financial or other contribution, regardless of publicity of that contribution because such contribution would have the direct or indirect effect of promoting a tobacco product or use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other sponsorship by the tobacco industry.

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 prohibits the sponsorship of events by the tobacco industry. The term “underwriting sponsorship” is defined as “any kind of contribution to any kind of event, activity or person having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or use of tobacco. Therefore, the law is interpreted as prohibiting the publicity of any financial or other contribution, regardless of publicity of that contribution because such contribution would have the direct or indirect effect of promoting a tobacco product or use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the publicity of financial or other sponsorship by the tobacco industry.

Promotion by any means that are false, misleading or deceptive

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

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:

Although the law prohibits tobacco advertising and promotion, the law does not prohibit advertising and promotion by means that are false, misleading, or deceptive.

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, as in FCTC Art. 13 Guidelines para. 39.