LANGUAGE
Last updated: February 26th 2019

Regulated Forms of Advertising, Promotion and Sponsorship

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

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

The law prohibits any kind of televised or radio advertising of tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising on domestic television and radio. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

Domestic newspapers and magazines

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 law prohibits all tobacco advertising in any form of print media. Therefore, advertising in domestic newspapers and magazines is prohibited. However, the law permits certain promotional offers through the press.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should use the FCTC definitions of "tobacco products" and "tobacco advertising and promotion" and ban all forms of advertising and promotion of all tobacco products, including via domestic newspaper 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 tobacco advertising in any form of print media. Therefore, advertising in pamphlets, leaflets, flyers, posters and signs is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

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 any kind of televised or radio tobacco advertising. However, the law does not specify whether the ban applies to international (cross-border) advertising. Therefore, it is uncertain whether tobacco advertising is prohibited on international TV and radio.

To align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising in both domestic and international TV and radio and should define “tobacco advertising and promotion” in accordance with the FCTC definition.

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 any kind of tobacco advertising in print media. However, the law does not specify whether the ban applies to international (cross-border) advertising. Therefore, it is uncertain whether tobacco advertising is prohibited in international newspapers and magazines.

To align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising in both domestic and international newspapers and magazines and should define “tobacco advertising and promotion” in accordance with the FCTC definition.

Internet communications

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

Internet communications (not sales)

Analysis:

The law does not expressly ban tobacco advertising and promotion through internet communications. The law prohibits incorporating electronic tobacco advertising into live or recorded electronic broadcasts that may be viewed by minors, but allows certain tobacco advertising in electronic media to adult consumers. Further, the law expressly prohibits advertising to minors through any form of electronic communication. Because the law allows some forms of electronic communications targeting adults, it is interpreted as allowing advertising via internet communications.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly apply a comprehensive ban to all tobacco advertising, promotion and sponsorship via internet communications should define “tobacco advertising and promotion” in accordance with the FCTC definition.

Internet tobacco product sales

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

The law does not address internet tobacco product sales. The law is therefore interpreted as allowing internet tobacco product sales. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all internet tobacco product sales should be banned.

The law should make it clear that internet sales of tobacco products are prohibited as inherently involving tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines paras. 18-19. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive ban.

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

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

The law prohibits all tobacco advertising in any form of print media, including any kind of advertising on highway signs, including billboards and banners. Therefore, the law is interpreted as prohibiting outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

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:

Tobacco advertising at point of sale is allowed. In addition, a health warning is required on any point of sale advertisement that is greater than 250 cm2.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship at the point of sale. The law should also define "tobacco advertising and promotion" in accordance with the FCTC definition.

Point of sale product display

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

The law does not address point of sale (POS) product display. However, POS product display is a form of POS advertising, which is allowed inside points of sale. The regulations require point of sale advertising to carry warnings on any advertisement that is greater than 250 cm2.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco product displays at point of sale.

Vending machines

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

The law does not prohibit or restrict the sale of tobacco products by vending machines. Therefore, this is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to meet FCTC Art. 16, the law should prohibit the sale of tobacco products by vending machine. The law should also define "tobacco advertising and promotion" in accordance with the FCTC definition.

Conventional mail

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 law prohibits all tobacco advertising in any form of print media. Therefore, advertising in domestic newspapers and magazines is prohibited. However, the law permits some promotional offers through the press. Therefore, the law is interpreted as allowing some forms of promotion through conventional mail. However, to clarify the scope of the ban on tobacco advertising and promotion and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should utilize the FCTC definitions of "tobacco products" and "tobacco advertising and promotion" and ban all forms of advertising and promotion of all tobacco products, as contemplated by Art. 13, including via conventional mail.

Telephone and cellular phone

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

The law does not prohibit advertising and promotion via telephone and cellular phone; therefore, the law is interpreted as allowing this form of advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

Brand marking on physical structures

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.

Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Analysis:

The law prohibits “any advertising or promotional article that has no connection to the act of smoking and displays the brand of a cigarette or cigar.” This provision is interpreted as prohibiting the display of tobacco product brand elements on most items, but allowing advertising on items such as ashtrays, among others.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, there should be a comprehensive ban on all domestic and cross-border tobacco advertising, promotion and sponsorship, including the use of brand marking.

Free distribution of tobacco products

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 law prohibits the free distribution of tobacco products to minors and in places that minors could access. Free distribution to adults, in restricted areas, is allowed. Therefore, the regulatory status code “Some Restrictions” is given.

The law meets FCTC Art. 16 (sales to minors). However, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit free distribution of tobacco products to all persons.

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:

The law does not prohibit promotional discounts, gifts, prizes, and other rewards to consumers in conjunction with the purchase of a tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

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:

The law does not provide any express restrictions on competitions associated with tobacco products or brand names. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco promotion, including competitions associated with tobacco products or brand names. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

Direct person to person targeting of individuals

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

The law does not address promotion by direct person-to-person means. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by direct person-to-person marketing. To clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.

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 giving out to consumers “any advertising or promotional article that has no connection to the act of smoking and displays the brand of a cigarette or cigar. . . .” Therefore, the law is interpreted to prohibit 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

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:

The law does not specifically address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned, including reverse brand stretching. In addition, using the term "tobacco advertising and promotion" and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Toys that resemble tobacco products

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

The law does not address toys that resemble tobacco products. Therefore, the law is interpreted as allowing toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale, manufacture or distribution of toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law does not address candy that resembles tobacco products. Therefore, the law is interpreted as allowing candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale, manufacture or distribution of 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:

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 retailer incentive programs. In addition, to clarify the scope of the ban on tobacco advertising and promotion, and aid in enforcement, the law should provide a definition of "tobacco advertising and promotion" in accordance with the definition contained in FCTC Art. 1.

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

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 tobacco advertising through any kind of televised or radio broadcast. However, because "tobacco advertising" is not defined, it is unclear whether paid placement of tobacco products in TV, film and other media is encompassed by the ban. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear paid placement of tobacco products in TV, film and other media is prohibited. In addition, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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

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

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 prohibits tobacco advertising through any kind of televised or radio broadcast. However, because "tobacco advertising" is not defined, it is unclear whether unpaid placement of tobacco products in TV, film and other media is encompassed by the ban. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear unpaid placement of tobacco products in TV, film and other media is prohibited. In addition, the law should contain a definition of "tobacco advertising and promotion" as provided by the FCTC.

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

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.

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 sponsorship of activities aimed at minors and of athletic events.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including so-called “corporate social responsibility” contributions. The law further should define the term “tobacco sponsorship” in accordance with FCTC Art. 1(g).

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:

The law prohibits sponsorship of activities aimed at minors and of athletic events, but does not address the publicity of tobacco industry sponsorship. The law is interpreted as allowing the publicity of financial or other sponsorship of support by the tobacco industry.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship. The law further should define the term “tobacco sponsorship” in accordance with FCTC Art. 1(g).

Promotion by any means that are false, misleading or deceptive

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.

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 specifically prohibits tobacco packaging which contains terms that may create a false impression with respect to the harmfulness of a specific brand. Additionally, terms such as 'light,' 'ultralight,' and 'mild” are prohibited. Thus, the law prohibits misleading terms, but does not address images, logos, colors, or figurative symbols that may create an erroneous impression about characteristics or health effects.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotion by any means that are false, misleading, or deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions including any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia.