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)

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories agree not to advertise cigarettes on television and to restrict the amount of radio advertising time for each brand of cigarettes. However, because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including on domestic TV and radio.

Law Source, Section

Domestic newspapers and magazines

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories agree to restrict the number of newspaper advertisements of cigarettes. Magazines are not specifically mentioned in the Voluntary Code. Because these provisions are voluntary (and apply only to cigarettes and to newspapers), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including 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)

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising. While the Code does not specifically address domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, signatories to the Code agree to restrict the amount of outdoor advertising, which may impact the use of domestic print media in outdoor locations. Because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including via all domestic print media.

Law Source, Section

International TV and radio (including all broadcast media such as satellite and cable)

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories agree not to advertise cigarettes on television and to restrict the amount of radio advertising time for each brand of cigarettes. These provisions do not explicitly apply to international TV and radio. Even if the provisions do apply to international TV and radio, the regulatory status "Allowed" is given because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship. In addition, the law should clearly state that the provisions apply to both domestic and cross-border media.

Law Source, Section

International newspapers and magazines

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories agree to restrict the number of newspaper advertising entries. Magazines are not specifically mentioned in the Voluntary Code, nor does the Code explicitly apply to international newspapers. Even if the provisions do apply to international newspapers, the regulatory status "Allowed" is given because these provisions are voluntary (and apply only to cigarettes and newspapers).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship. In addition, the law should clearly state that the provisions apply to both domestic and cross-border media.

Internet communications

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

Internet communications (not sales)

Analysis:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion by internet communications is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, internet communications are not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including via internet communications.

Internet tobacco product sales

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

There is no law addressing internet tobacco product sales. Therefore, internet tobacco product sales are allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, internet tobacco product sales are not addressed in this Code.

Paragraph 18 of the FCTC Art. 13 Guidelines states: "Internet sales of tobacco inherently involve advertising and promotion as defined in the Convention." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including internet tobacco product sales.

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

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories voluntarily agree to restrict the amount of outdoor advertising. Because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including 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:

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories voluntarily agree to restrict the amount of point of sale advertising. Because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including at points of sale.

Point of sale product display

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, point of sale product display is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, point of sale product display is not addressed in this Code.

Paragraph 12 of the FCTC Art. 13 Guidelines states: "Display of tobacco products at points of sale in itself constitutes advertising and promotion." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including the display and visibility of tobacco products at point of sale.

Vending machines

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

There is no law addressing tobacco product sales by vending machine. Therefore, vending machine sales are allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, vending machines are not addressed in the Code.

Paragraph 14 of the FCTC Art. 13 Guidelines states: "Vending machines should be banned because they constitute by their very presence a means of advertising or promotion." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including tobacco sales by vending machine.

Conventional mail

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion by conventional mail is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of cigarette advertising, advertising by conventional mail is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including by conventional mail.

Telephone and cellular phone

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion by telephone and cellular phone is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of cigarette advertising, advertising by telephone and cellular phone is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including by telephone and cellular phone.

Brand marking on physical structures

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

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:

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising in which signatories agree to restrict certain types of advertising, including advertising on public transportation vehicles, school transportation vehicles, taxis, and private vehicles, and walls of buildings. However, because these provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including brand marking.

Law Source, Section

Free distribution of tobacco products

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, the free distribution of tobacco products is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, free distribution of tobacco products is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including the free distribution of tobacco products.

Promotions with a tobacco product purchase

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

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:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, promotions with a tobacco product purchase are allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, promotions with a tobacco product purchase are not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including promotions in conjunction with the purchase of tobacco products.

Competitions associated with tobacco products

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

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, competitions associated with tobacco products are allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, competitions associated with tobacco products are not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including all competitions associated with tobacco products.

Direct person to person targeting of individuals

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore direct person-to-person targeting of individuals is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, direct person-to-person marketing is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including direct person-to-person targeting of individuals.

Brand stretching/trademark diversification

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

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, brand stretching is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, brand stretching is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including brand stretching.

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:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, reverse brand stretching is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, reverse brand stretching is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including reverse brand stretching.

Toys that resemble tobacco products

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, the sale of toys that resemble tobacco products is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, toys that resemble tobacco products are not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including toys that resemble tobacco products.

Candy that resembles tobacco products

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

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, the sale of candy that resembles tobacco products is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, candy that resembles tobacco products is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including candy that resembles 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:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, retailer incentive programs are allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of advertising, retailer incentive programs are not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including retailer incentive programs.

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

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which the signatories agree not to advertise on TV and to restrict advertising time in cinemas. However, the Code does not specifically address paid placement of tobacco products in TV, film, and other media. Regardless of whether these Code provisions were intended to cover paid placement, because the provisions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship, including paid placement of tobacco products in TV, film, and other media.

Law Source, Section

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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

Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Analysis:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, unpaid depiction of tobacco use or tobacco products in media is allowed. While there is a Voluntary Code of Cigarette Advertising, it does not address unpaid depiction of tobacco use or tobacco products in media. The FCTC Art. 13 Guidelines state: "Parties should take particular measures concerning the depiction of tobacco in entertainment media products, including requiring certification that no benefits have been received for any tobacco depictions, prohibiting the use of identifiable tobacco brands or imagery, requiring anti-tobacco advertisements and implementing a ratings or classification system that takes tobacco depictions into account."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco use in the manner suggested in FCTC Art. 13 Guidelines paras. 29-31.

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

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

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:

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which signatories agree that all forms of sponsorship are allowed other than sponsorship of events aimed specifically at minors and activities directly linked to political and religious events. However, because these limited restrictions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

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

There is no law regulating tobacco advertising, promotion and sponsorship. There is a Voluntary Code of Cigarette Advertising, in which signatories agree to restrict the time, place, and size of advertisements of sponsored events. However, because these limited restrictions are voluntary (and apply only to cigarettes and not to other tobacco products), the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship.

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:

There is no law regulating tobacco advertising, promotion and sponsorship. Therefore, promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression is allowed. While there is a Voluntary Code of Cigarette Advertising in which the signatories agree to restrict certain types of cigarette advertising, false and misleading advertising is not addressed in this Code.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines there should be a binding law prohibiting all tobacco advertising, promotion and sponsorship.