LANGUAGE
Last updated: September 22nd 2017

Regulated Forms of Advertising, Promotion and Sponsorship

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

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

The law imposes a comprehensive ban on any advertising for tobacco and specifically prohibits advertising on television and radio. Therefore, tobacco advertising and promotion on domestic television 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 broadcast media.

Domestic newspapers and magazines

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

The law imposes a comprehensive ban on any advertising for tobacco and specifically prohibits advertising in any print media. Therefore, tobacco advertising and promotion 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 law imposes a comprehensive ban on any advertising for tobacco. Therefore, tobacco advertising and promotion in other domestic print media, such as flyers, is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via pamphlets, posters, and signs.

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 imposes a comprehensive ban on any advertising for tobacco and specifically prohibits advertising on television and radio. Additionally, the law requires the Republic of Djibouti to participate in eliminating cross-border advertising. Read together, the law is interpreted as prohibiting tobacco advertising and promotion on international TV and radio. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international broadcast media.

International newspapers and magazines

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

The law imposes a comprehensive ban on any advertising for tobacco and specifically prohibits advertising in print media. Additionally, the law requires the Republic of Djibouti to participate in eliminating cross-border advertising. Read together, the law is interpreted as prohibiting tobacco advertising and promotion in international newspapers and magazines. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international broadcast media.

Internet communications

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

Internet communications (not sales)

Analysis:

The law imposes a comprehensive ban on any advertising for tobacco and specifically prohibits advertising over the internet. Therefore, tobacco advertising and promotion on the internet is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet communications.

Internet tobacco product sales

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

Although the law does not explicitly ban internet tobacco product sales, it does prohibit “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product, an accessory or tobacco use directly or indirectly.” Because selling tobacco over the internet can be considered a commercial action having as its purpose or effect the promotion of a tobacco product and therefore encourage the purchase or consumption of tobacco products, the law is interpreted as prohibiting internet based tobacco product sales. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect 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 imposes a comprehensive ban on any advertising for tobacco via any media. Therefore, outdoor advertising is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 law imposes a comprehensive ban on any advertising and promotion for tobacco. Because the law does not include any restrictions and exceptions to this comprehensive advertising ban, it is interpreted as banning point of sale advertising and promotion. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Point of sale product display

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 does not specifically prohibit point of sale product display. Because the law imposes a comprehensive ban on any advertising and promotion for tobacco and contains a strong definition of “tobacco advertising and promotion,” it could be interpreted as prohibiting product display. However, it is unclear whether the law is being interpreted in this way. Therefore, the regulatory status “Uncertain” is given. To align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale product display. The law should allow only the textual listing of products and their prices at point of sale, in accordance with FCTC Art. 13 Guidelines para. 13.

Vending machines

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

The law explicitly prohibits the sale of tobacco products by vending machine. 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 law imposes a comprehensive ban on any advertising for tobacco. Therefore, advertising by conventional mail is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail.

Telephone and cellular phone

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

The law imposes a comprehensive ban on any advertising for tobacco. Therefore, advertising by telephone and cellular phone is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephone or cellular 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 imposes a comprehensive ban on any advertising for tobacco. Therefore, advertising by brand marking is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via brand marking.

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 products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to minors) in this respect.

Promotions with a tobacco product purchase

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

Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Analysis:

The law prohibits the offering, distribution, or giving away of tobacco, tobacco products, and accessories on a promotional basis. 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 promotional discounts.

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 imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law is interpreted as including competitions associated with tobacco products in its prohibition because such competitions have the effect of promoting 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 imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law also prohibits any incentives that encourage the purchase or consumption of tobacco products. The law is, therefore, interpreted as including direct person-to-person marketing in its prohibition because such targeting has the effect of promoting tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person-to-person targeting associated with tobacco products.

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 imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law is interpreted as including brand stretching in its prohibition because such targeting has the effect of promoting tobacco products. 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 imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law is interpreted as including brand sharing (or “reverse brand stretching”) in its prohibition because such targeting has the effect of promoting tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.

Toys that resemble tobacco products

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

The law imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law is interpreted as including toys that resemble tobacco products in its prohibition on tobacco advertising and promotion because such toys have the effect of promoting tobacco products. 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 law imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law is interpreted as including candy that resembles tobacco products in its prohibition on tobacco advertising and promotion because such candy has the effect of promoting tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 imposes a comprehensive ban on tobacco advertising and promotion and defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law also prohibits “all use of incentives that directly or indirectly encourage the purchase or consumption of tobacco products by the public.” Read together, the law is interpreted as including retailer incentive programs in its ban because they have the aim, effect, and/or likely effect of promoting tobacco products. 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 imposes a comprehensive ban on tobacco advertising and promotion on or in any media. The law defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law also prohibits “all use of incentives that directly or indirectly encourage the purchase or consumption of tobacco products by the public.” Read together, the law is interpreted as prohibiting the paid placement of tobacco products because paid placement is a commercial action with the aim, effect, or likely effect of promoting tobacco products or use. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in the 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 law imposes a comprehensive ban on tobacco advertising and promotion on or in any media. The law defines advertising and promotion as “any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.” The law also prohibits “all use of incentives that directly or indirectly encourage the purchase or consumption of tobacco products by the public.” Read together, the law is interpreted as prohibiting the unpaid depiction of tobacco products or tobacco use in the media because unpaid depiction has the effect or likely effect of encouraging tobacco consumption or use. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco products in the 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 imposes a comprehensive ban on any tobacco sponsorship, and specifically prohibits growers, manufacturers, and merchants of tobacco, tobacco products or derivatives, and accessories to sponsor events or local, regional, or national activities, or to sponsor participants in such activities. Therefore, the law prohibits any financial sponsorship or support to events, activities, individuals, organizations, or governments. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other sponsorship by the tobacco industry.

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

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

The law imposes a comprehensive ban on any tobacco sponsorship, and specifically prohibits growers, manufacturers, and merchants of tobacco, tobacco products or derivatives, and accessories to sponsor events or local, regional or national activities, or to sponsor participants in such activities. Therefore, the law prohibits any financial sponsorship or support to events, activities, individuals, organizations, or governments. As a consequence, there can be no associated publicity of such financial or other support. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other sponsorship 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, promotion and sponsorship. Therefore, there can be no advertising or promotion by means that are false, misleading, or deceptive. 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.