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 law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to domestic TV and radio. Therefore, tobacco advertising and promotion is prohibited on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio. However, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Domestic newspapers and magazines

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

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to domestic newspapers and magazines. Therefore, tobacco advertising and promotion is prohibited in domestic newspapers and magazine.

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. However, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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 tobacco advertising and promotion in print media, such as pamphlets, leaflets, flyers, posters and signs, with the following exceptions: 1) tobacco advertising is permitted inside places that may be accessed by adults (18+ years) only, provided such advertising is not visible from outside the establishment, the advertising occupies a maximum of one square meter, and the advertising is not aimed at children and does not reference sports, artistic, cultural, sexual or social success, wellbeing or health; and 2) tobacco advertising is permitted through direct communication by email or postal services, so long as the adult consumer asks to receive information in writing, and her/his being of majority age is verified.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of printed tobacco advertisements with no exceptions. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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:

Although the Organic Law generally prohibits tobacco advertising and promotion through all forms of media, including TV and radio, the law does not state whether it applies to international or cross-border media. Therefore, it is uncertain whether the ban on tobacco advertising and promotion applies to international TV and radio.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that cross-border tobacco advertising, promotion and sponsorship is prohibited, as well as domestic tobacco advertising, promotion and sponsorship. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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:

Although the Organic Law generally prohibits tobacco advertising and promotion through all forms of media, including newspapers and magazines, the law does not state whether it applies to international or cross-border media. Therefore, it is uncertain whether the ban on tobacco advertising and promotion applies to international newspapers and magazines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that cross-border tobacco advertising, promotion and sponsorship is prohibited, as well as domestic tobacco advertising, promotion and sponsorship. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Internet communications

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.

Internet communications (not sales)

Analysis:

The law generally prohibits tobacco advertising and promotion in all mass media. However, the law provides an exemption for direct communication by email or postal service, provided that the adult consumer has asked to receive such information in writing and the consumer’s age has been verified as above 18 years. The law is interpreted as prohibiting other forms of internet communications, such as advertisements on websites. Because of the exemption from the advertising ban for direct communication by email, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including direct communication by email. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Internet tobacco product sales

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

It is uncertain whether sales of tobacco products by internet are prohibited. The law could be interpreted as prohibiting internet sales under the general ban on tobacco advertising and promotion, as internet sales are an inherent form of advertising. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is unclear whether internet tobacco product sales fall under the ban. In addition, although Art. 16 of the Organic Law places some restrictions on sales, it does not address internet sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make 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, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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

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

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to outdoor advertising. Therefore, tobacco advertising and promotion is prohibited through outdoor advertising.

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

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.

Point of sale advertising/promotion (other than product displays)

Analysis:

The law provides an exemption to the general ban on tobacco advertising and promotion, which permits point-of-sale advertising and promotion inside places that may be accessed by adults (18+ years) only. Such advertising may not be visible from outside the establishment, may not occupy more than 1 square meter, and may not be aimed at children and or reference sports, artistic, cultural, sexual or social success, wellbeing or health.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of point-of-sale tobacco advertising and promotion, including inside places accessible by adults only. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Point of sale product display

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 Organic Law for the Regulation and Control of Tobacco restricts tobacco product display at point of sale, prohibiting the placement of cigarettes (but not other tobacco products) in a place that lets the consumers handle them directly.

Although the Organic Law on Communication could be interpreted as prohibiting point of sale product display, the regulations issued under the law specifically exempt point of sale product display.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12–13, the law should prohibit all tobacco product display and visibility at points of sale, allowing only an information sheet about product availability and prices.

Vending machines

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

The Organic Law prohibits the sale of tobacco products through vending machines.

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

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 generally prohibits tobacco advertising and promotion in all mass media. However the law provides an exemption for direct communication by email or postal service, provided that the adult consumer has asked to receive such information in writing and the consumer’s age has been verified as above 18 years.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including direct communication by conventional mail. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Telephone and cellular phone

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

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions. The exemptions (which allow direct communication by email and postal service) do not apply to tobacco advertising and promotion by telephone and cellular phone. Therefore, tobacco advertising and promotion 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 by telephone and cellular phone. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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 Organic Law prohibits “displaying, promoting or producing any object that is not a tobacco product which contains elements from a tobacco product brand.” Therefore, brand marking venues, outlets, vehicles, or any other object or premises with words, designs or images related to a tobacco product is prohibited.

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

Free distribution of tobacco products

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

The Organic Law prohibits the free distribution of tobacco products to the general public.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors) with respect to the 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 Organic Law prohibits the use of incentives that may encourage the purchase of tobacco products. The Regulations further specify that any individual or legal entity may report businesses that offer gifts in cash money or in kind in exchange for the consumption of tobacco products. Taken together, these provisions are interpreted as prohibiting promotional discounts, gifts, prizes and rewards to consumers in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion discounts, gifts, prizes and rewards. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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 generally prohibits tobacco advertising, promotion and sponsorship through all forms of mass media, with limited exceptions that do not apply here. Competitions associated with tobacco products are a form of sponsorship and are therefore prohibited. In addition, any advertisement of such competitions is prohibited under the general advertising ban.

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 generally prohibits tobacco advertising and promotion through all forms of mass media and through interpersonal contact with limited exceptions. The law allows direct targeting by mail or email to adults over the age of 18 who have previously consented to receiving such information. However, the law does not provide an exception for direct person-to-person (spoken) marketing. Therefore this practice is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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 Organic Law prohibits “marketing, selling, distributing, displaying, promoting or producing any object that is not a tobacco product which contains elements from a tobacco product brand.” Therefore brand stretching is prohibited.

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

Reverse brand stretching or brand sharing

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

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law does not address reverse brand stretching. Because the law does not contain a definition of “tobacco advertising and promotion,” it is unclear if reverse brand stretching is prohibited under the general ban on advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Toys that resemble tobacco products

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

The law prohibits “manufacturing, importing, selling and distributing candies, snacks, toys and other objects having the shape and design of tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale of 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 prohibits “manufacturing, importing, selling and distributing candies, snacks, toys and other objects having the shape and design of tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale of candy that resemble 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 law does not expressly address retailer incentive programs. The law generally prohibits tobacco advertising and promotion through all forms of mass media and through interpersonal contact with limited exceptions. However, because the law does not contain a definition of tobacco advertising and promotion, it is unclear if retailer incentive programs are prohibited under the general ban on advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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 generally prohibits tobacco advertising and promotion in all forms of media, with limited exceptions that do not apply here. Therefore the law is interpreted as prohibiting the paid placement of tobacco products in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC. Art. 13 Guidelines with respect to paid placement of tobacco products. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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

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

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

Analysis:

The law does not address unpaid depiction of tobacco products. Therefore, the law is interpreted as allowing unpaid depiction.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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 by the tobacco industry at sporting, cultural, and artistic activities. Sponsorship is defined as “any type of contribution to any action, activity or individual with the goal, effect or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco.” The law does not ban “corporate social responsibility” programs by the tobacco industry, although the promotion of such programs is prohibited. Because some but not all forms of tobacco sponsorship are prohibited, the regulatory status “Some Restrictions” is given.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products or tobacco usage. To align, the law should prohibit all tobacco sponsorship.

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 specifically prohibits sponsorship of sporting, cultural, and artistic events, as well as the promotion of “corporate social responsibility” programs by the tobacco industry. All other publicity is covered by the broad ban on tobacco advertising and promotion in mass media and any form of interpersonal communication.

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 law explicitly prohibits deceptive advertising. Specifically, the law prohibits the “use [of] terms, descriptive elements, figurative symbols or those of another kind that have the direct or indirect effect of creating the false impression that a particular tobacco product is less harmful than another.”

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

Law Source, Section
Organic Law on Communication
Art. 94