LANGUAGE
Last updated: September 28th 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 clarifies that this is a comprehensive ban and applies, among other things, to “traditional media (written press, television 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 clarifies that this is a comprehensive ban and applies, among other things, to “traditional media (written press, television and radio).”

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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 clarifies that this is a comprehensive ban and applies, among other things, to “traditional media (written press, television and radio),” which is interpreted to include domestic print media such as pamphlets, leaflets, flyers, posters and signs.

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)

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

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that “[c]ross-border advertising, promotion and sponsorship of tobacco and its derived products are prohibited.” Therefore, tobacco advertising and promotion on international TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international (cross-border) TV and radio.

International newspapers and magazines

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

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that “[c]ross-border advertising, promotion and sponsorship of tobacco and its derived products are prohibited.” Therefore, tobacco advertising and promotion in international newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international (cross-border) newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218, implementing the ban, expressly prohibits “advertising and sponsorship of tobacco and its derived products . . . on the internet or on any other communication medium.”

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

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

The law expressly prohibits “[s]upplying or distributing tobacco and its derived products . . . and selling and offering to sell on the internet or on any other communication medium.” In addition, the law specifies that “[r]etail sales of tobacco must be made in a point of sale in the physical presence of the owner of the point of sale or their employee and the buyer.”

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

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

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

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Therefore, outdoor advertising is prohibited.

The law aligns with 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 “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that “advertising . . . tobacco products and their derivatives at the point of sale is strictly prohibited.”

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

Point of sale product display

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

The law prohibits “displaying tobacco products and their derivatives at the point of sale” and states that the “ban is complete and extends to any display or visibility of tobacco and its derived products or images inside or outside points of sale.”

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

Vending machines

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

The law explicitly states that “the customers cannot have access to [tobacco products] without the assistance of an employee. Vending machines selling tobacco and its derived products may not be installed, maintained or kept.”

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that “advertising and sponsorship of tobacco and its derived products, and selling and offering to sell on the internet or on any other communication medium are strictly prohibited.” Because conventional mail is a communication medium, 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.

Telephone and cellular phone

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

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-18 defines “advertising and promotion of tobacco and its derived products” to include telemarketing. The decree further clarifies that this ban is “a comprehensive ban extending to any form of . . . information and communication technologies (. . . cellphones . . .).” Therefore, tobacco advertising and promotion by telephone and cellular (mobile) phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular (mobile) 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-18 further clarifies that this ban is “a comprehensive ban extending to any form of . . .  tobacco advertising and promotion.” “Advertising and promotion of tobacco and its derived products” is defined to include any commercial communication with the aim or likely effect of directly or indirectly encouraging the consumption of tobacco products. Taken together, these provisions prohibit brand marking.

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 and its derivatives.

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.

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:

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that the ban is “a comprehensive ban extending to . . . acts aiming to promote tobacco and its derived products and acts that have or are likely to have a promotional effect” as well as “promotion of tobacco products and tobacco use.” This provision is interpreted as prohibiting 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 further clarifies that the ban is “a comprehensive ban extending to . . . [tobacco] sponsorship [and] acts aiming to promote tobacco and its derived products and acts that have or are likely to have a promotional effect,” “advertising and promotion of tobacco brand names or companies” and “game organization.” Taken together, these provisions are 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.

Direct person to person targeting of individuals

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

The law prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” “Advertising and promotion of tobacco and its derived products” is defined to include all commercial communications – including door-to-door sales – with the aim or likely effect of directly or indirectly encouraging the consumption of tobacco products. Decree No. 2018-218 further clarifies that the ban is “a comprehensive ban extending to . . . acts aiming to promote tobacco and its derived products and acts that have or are likely to have a promotional effect.”  Taken together, these provisions are interpreted as prohibiting all 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 explicitly prohibits 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 explicitly prohibits brand sharing.

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

Toys that resemble tobacco products

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 advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 defines “advertising and promotion of tobacco its derived products” as “any form of psychological action on the public, in particular by commercial communications and recommendations . . . with the aim or likely effect of directly or indirectly encouraging the consumption or distribution, for free or for profit, of tobacco and its derived products or tobacco use.” While toys that resemble tobacco products might meet this definition, this is not explicit in the law. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit toys that resemble tobacco products.

Candy that resembles tobacco products

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 advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 defines “advertising and promotion of tobacco and its derived products” as “any form of psychological action on the public, in particular by commercial communications and recommendations . . . with the aim or likely effect of directly or indirectly encouraging the consumption or distribution, for free or for profit, of tobacco and its derived products or tobacco use.” While candy that resembles tobacco products might meet this definition, this is not explicit in the law. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 defines “advertising and promotion of tobacco and its derived products” as “any form of psychological action on the public, in particular by commercial communications and recommendations . . . with the aim or likely effect of directly or indirectly encouraging the consumption or distribution, for free or for profit, of tobacco and its derived products or tobacco use.” The decree further clarifies that the ban on tobacco advertising and promotion is “a comprehensive ban extending to . . . acts aiming to promote tobacco and its derived products and acts that have or are likely to have a promotional effect.” Taken together, these provisions are interpreted as prohibiting 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 prohibits “all advertising and promotion of tobacco and its derivatives in public or private media, on posters and billboards, as well as all campaigns extolling the merits of a brand of cigarette or of other tobacco derivatives.” Decree No. 2018-218 defines “advertising and promotion of tobacco and its derived products” as “any form of psychological action on the public, in particular by commercial communications and recommendations . . . with the aim or likely effect of directly or indirectly encouraging the consumption or distribution, for free or for profit, of tobacco and its derived products or tobacco use.” The decree further clarifies that the ban on tobacco advertising and promotion is “a comprehensive ban extending to . . . acts aiming to promote tobacco and its derived products and acts that have or are likely to have a promotional effect” and “theatrical representations.” Taken together, these provisions are interpreted as prohibiting 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.

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 permitting unpaid depiction of tobacco use or tobacco products in media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media that does not serve a legitimate purpose.

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 activities involved in the sponsorship of sporting, musical, fashion and other cultural events by the tobacco industries, vendors and importers of tobacco.” Decree No. 2018-218 defines “sponsorship” as “any form of contribution in favor of an event, activity or person that may directly or indirectly promote the sale or consumption of tobacco and its derived products, including any form of activities described as social responsibility or charity activities or with other similar descriptions.” Therefore, all tobacco industry sponsorship is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, 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 prohibits all tobacco sponsorship. Therefore, there can be no publicity of tobacco sponsorship.

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

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 contains a comprehensive ban on tobacco advertising and promotion. Therefore, promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading or deceptive means.