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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Therefore, advertising and promotion of tobacco products on domestic 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 domestic TV and radio.

Domestic newspapers and magazines

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

The Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Therefore, advertising and promotion of tobacco products in domestic 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 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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Therefore, advertising and promotion of tobacco products through domestic print media, such as pamphlets, leaflets, flyers, posters, or signs is prohibited.

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)

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 Tobacco Control Law and Regulations prohibit tobacco advertising and promotion on domestic TV and radio. However, the law does not explicitly address international TV and radio. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.

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 Tobacco Control Law and Regulations prohibit tobacco advertising and promotion in domestic newspapers and magazines. However, the law does not explicitly address international newspapers and magazines. Therefore, the regulatory status code “Uncertain” is given.

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

Internet communications

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

Internet communications (not sales)

Analysis:

The Tobacco Control Law and Regulations generally prohibit advertising and promotion of tobacco products or tobacco derivatives, except for two limited exemptions. One of these exemptions is “by direct communication conducted by the tobacco industry with vendors and adult consumers of tobacco” (Regulations, Art. 17). Internet communication with adult consumers could be considered direct communication. However, the Regulations, Annex 3, specify that when direct communication is made with adult consumers of tobacco, “use may only be made of face to face service in people’s homes.” Thus, the only direct communication that is allowed is face-to-face and in people’s homes. Therefore, direct communication by internet communication is not allowed.

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

Internet tobacco product sales

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

The Tobacco Control Law prohibits “sales to consumers through telephonic, digital, electronic, postal or other means through which it is not possible to ascertain clearly and in a timely fashion the identification of the buyer.” The Tobacco Control Regulations contain a similar provision that specifically adds “internet” to the list of means of sales prohibited. 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.

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

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

The Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Therefore, advertising and promotion of tobacco products through outdoor advertising is prohibited.

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

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. In addition, the Tobacco Control Regulations, Art. 20, specifically prohibit tobacco advertising at point of sale. Therefore, all tobacco advertising and promotion at point of sale is prohibited

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

Point of sale product display

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

Under Directive DM-JM-3274-2018, the Minister of Health ordered that display cabinets be covered so that tobacco products are not visible at points of sale. Originally, under the Tobacco Control Law and Regulations, display was limited to "shelves located at cash registers at points of sale within establishments, in such a way that they are not directly accessible to the end consumer.” With the order to cover display cabinets, point of sale product display is prohibited.

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 Tobacco Control Law and Regulations prohibit the use of vending machines that dispense tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to vending machines.

Conventional mail

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

The Tobacco Control Law and Regulations generally prohibit advertising and promotion of tobacco products or tobacco derivatives, except for two limited exemptions. One of these exemptions is “by direct communication conducted by the tobacco industry with vendors and adult consumers of tobacco” (Regulations, Art. 17). The Regulations, Annex 3, specify that when direct communication is made with adult consumers of tobacco, “use may only be made of face to face service in people’s homes.” Thus, the only direct communication that is allowed is face-to-face and in people’s homes. Therefore, direct communication by conventional mail is not allowed.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by conventional mail.

Telephone and cellular phone

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

The Tobacco Control Law and Regulations generally prohibit advertising and promotion of tobacco products or tobacco derivatives, except for two limited exemptions. One of these exemptions is “by direct communication conducted by the tobacco industry with vendors and adult consumers of tobacco.” (Regulations, Art. 17). The Regulations, Annex 3, specify that when direct communication is made with adult consumers of tobacco, “use may only be made of face to face service in people’s homes.” Thus, the only direct communication that is allowed is face-to-face and in people’s homes. Therefore, direct communication by telephone and mobile phone is not allowed.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and 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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Brand marking on structures and vehicles, etc. falls within the definition of “advertising and promotion of tobacco” and the definition of “promotion of tobacco” contained in the tobacco control law and is therefore prohibited. In addition, the Regulations specifically prohibit the “use of advertising on vehicles intended for the distribution of tobacco products and tobacco derivatives.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through brand marking on structures, vehicles, etc.

Free distribution of tobacco products

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

The Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. The free distribution of tobacco products falls within the definition of “promotion of tobacco”, which encompasses “any stimulation of the demand for tobacco products, which can include . . . any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products.” Therefore, the free distribution of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to free distribution of tobacco products.

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Promotions with a tobacco product purchase fall within the definition of “advertising and promotion of tobacco” and the definition of “promotion of tobacco” contained in the tobacco control law. Specifically, the definition of “advertising and promotion of tobacco” includes any “commercial action with the purpose, effect or likely effect of promoting . . . a tobacco product.” And the definition of “promotion of tobacco” includes “any stimulation of the demand for tobacco products, which can include . . . any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products.” Promotional discounts, gifts, prizes, etc., clearly fall within both definitions. Therefore, promotions with a tobacco product purchase are prohibited.

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Competitions associated with tobacco products fall within the definition of “advertising and promotion of tobacco” and the definition of “promotion of tobacco” contained in the tobacco control law. Specifically, the definition of “advertising and promotion of tobacco” includes any “commercial action with the purposed, effect or likely effect of promoting . . . a tobacco product.” And the definition of “promotion of tobacco” includes “any stimulation of the demand for tobacco products, which can include . . . any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products.” Competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not, clearly fall within both definitions. Therefore, competitions associated with tobacco products are prohibited.

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

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 Tobacco Control Law and Regulations generally prohibit advertising and promotion of tobacco products or tobacco derivatives, except for two limited exemptions. One of these exemptions is “by direct communication conducted by the tobacco industry with vendors and adult consumers of tobacco.” (TC Law, Art. 12, TC Regulations, Art. 17). The Regulations, Annex 3, specify that it must be ascertained that such communications are directed at adult consumers of tobacco and that “use may only be made of face to face service in people’s homes.” Therefore, tobacco advertising by direct person-to-person targeting of individuals is permitted but restricted only to adult consumers of tobacco, when done face to face in people’s homes.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct communication between the tobacco industry and adult consumers, when done face to face in people’s homes.

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Brand stretching falls within the definition of “advertising and promotion of tobacco” and the definition of “promotion of tobacco” contained in the tobacco control law. Specifically, the definition of “advertising and promotion of tobacco” includes any “commercial action with the purpose, effect or likely effect of promoting . . . a tobacco product.” And the definition of “promotion of tobacco” includes “any stimulation of the demand for tobacco products, which can include . . . any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products.” Brand stretching clearly falls within both definitions. Therefore, advertising and promotion of tobacco products through brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through 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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Reverse brand stretching falls within the definition of “advertising and promotion of tobacco” and the definition of “promotion of tobacco” contained in the tobacco control law. Specifically, the definition of “advertising and promotion of tobacco” includes any “commercial action with the purpose, effect or likely effect of promoting . . . a tobacco product.” And the definition of “promotion of tobacco” includes “any stimulation of the demand for tobacco products, which can include . . . any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products.” These definitions are interpreted as encompassing reverse brand stretching. Therefore, advertising and promotion of tobacco products through reverse brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through reverse brand stretching. However, in order to clarify the scope of the ban and aid in enforcement, the drafters of the law might consider making clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

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

The Tobacco Control Law and Regulations both specifically prohibit the “manufacture, importation and sale of food or toys that have the shape or design of tobacco products.” Therefore, toys that resemble tobacco products are prohibited.

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

Candy that resembles tobacco products

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

The Tobacco Control Law and Regulations both specifically prohibit the “manufacture, importation and sale of food or toys that have the shape or design of tobacco products.” Therefore, candy that resembles tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

Retailer incentive programs

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

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 Tobacco Control Law and Regulations generally prohibit advertising and promotion of tobacco products or tobacco derivatives. Because retailer incentive programs fall within the definition of “tobacco promotion,” it can be argued that the law prohibits retailer incentive programs.

However, the law provides an exemption to the general ban for tobacco advertising and promotion “by direct communication conducted by the tobacco industry with vendors and adult consumers of tobacco” (Regulations, Art. 17). The Regulations, Annex 3, specify that: “In order for the tobacco industry to be able to communicate directly with vendors and consumers to undertake actual advertising or promotion of tobacco products and derivatives, it must be ascertained that such advertising is between adults and consumers of tobacco products and derivatives. When communication is with vendors or consumers of tobacco products and derivatives, use may only be made of face to face service in people’s homes.” This provision could be interpreted to permit retailer incentive programs if, and only if, the communication between the tobacco industry and vendor is made face to face and in a home. Given the ambiguity of this provision, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct communication between the tobacco industry and vendors. To clarify the scope of the ban and aid in enforcement, the law should make clear that retailer incentive programs are prohibited.

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Paid placement of tobacco products falls within the definition of “advertising and promotion of tobacco” contained in the Tobacco Control Law, as it is a “commercial action” with the aim of promoting a tobacco product. 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

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 Tobacco Control Law and Regulations prohibit any kind of advertising and promotion of tobacco products or tobacco derivatives. Although the law does not specifically address unpaid depiction of tobacco products or use in TV, film, or other entertainment media, the term “advertising and promotion of tobacco” and is interpreted as covering unpaid depiction. The definition of “advertising and promotion of tobacco” includes “any form of communication . . . with the purpose, effect or possible effect of promoting, directly or indirectly, a tobacco product or the use of tobacco.” The law provides for two limited and regulated exemptions (inside adult-only venues that do not have smoke free space and through direct communication with vendors and consumers), neither of which applies here. Therefore, unpaid depiction of tobacco products or tobacco use in TV, film, or other entertainment media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco products or tobacco use in TV, film, or other entertainment media.

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 kind of sponsorship of tobacco products and tobacco derivatives. Sponsorship is defined as any kind of contribution to any act, activity, or individual with the purpose, effect, or possible effect of promoting, directly or indirectly a tobacco product or the use of tobacco. Additionally, a decree prohibits any kind of sponsorship of tobacco or tobacco derivatives in activities relating to social responsibility.

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.

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.

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 Tobacco Control Law and Regulations prohibit the use on tobacco product packaging of terms that are false or misleading and specifically prohibit the use of the terms “low tar”, “light”, “ultra-light”, “mild”, “extra”, “ultra”, or any other term that leads the public to believe that one product is less harmful than another. Although the law does not specifically address the use of such terms in advertising and promotion, the law contains a comprehensive ban on tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and 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 promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.