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 prohibits tobacco advertising and promotion with several exceptions that do not include domestic TV or radio. Therefore, the regulatory status code “Banned” is given.

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 prohibits tobacco advertising and promotion with several exceptions that do not include domestic newspapers or magazines. Therefore, the regulatory status code “Banned” is given.

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 prohibits tobacco advertising and promotion with several exceptions that do not include other domestic print media. Therefore, the regulatory status code “Banned” is given.

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 law prohibits tobacco advertising and promotion with several exceptions that do not include TV or radio. However, the law does not explicitly prohibit tobacco advertising and promotion on international TV and radio, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion on international TV and radio.

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 tobacco advertising and promotion with several exceptions that do not include international newspapers or magazines. However, because the law does not explicitly prohibit tobacco advertising and promotion on international newspapers and magazines, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits tobacco advertising and promotion with several exceptions that do not include internet communications. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion via internet communications.

Internet tobacco product sales

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

The law prohibits all internet sales to consumers via digital, electronic and internet means, as well as any others if identification and age verification cannot take place. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet product sales.

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

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

The law prohibits tobacco advertising and promotion with several exceptions that do not include outdoor advertising. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 prohibits tobacco advertising and promotion but provides an exception for point of sale. All advertising at point of sale must be stationary and contain required health warnings and pictograms. The promotion of tobacco products and derivatives must take place inside places where events are held for such purpose, with access restricted to adults only.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit advertising and promotion at points of sale.

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:

While the law prohibits point of sale displays of packages or cartons visible to the street, it does not ban all point of sale product displays. Tobacco products and derivatives can be publicly exhibited in display windows inside establishments where sale is authorized, as long as their packages and packs show the images or pictograms authorized by MINSAL directly to the public, showing the harm that tobacco causes to people’s health.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all point of sale product displays.

Vending machines

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

The law prohibits the sale of tobacco products in vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco product sales by vending machine.

Conventional mail

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

The law prohibits tobacco advertising and promotion  with several exceptions that do not include conventional mail. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting 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 prohibits tobacco advertising and promotion with several exceptions that do not include telephone and cellular phone. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising by telephone and 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 prohibits the visible use of the name, logo or emblem of brands of tobacco products and derivatives or of tobacco companies, as well as any kind of advertising, promotion or sponsorship at social responsibility,  sports, recreational, religious, cultural, scientific or commercial activities, among others.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking other than on tobacco product packaging and labeling.

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 with several exceptions that include events where there will be direct contact and are exclusively for adult smokers.

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

Promotions with a tobacco product purchase

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.

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 distribution of tobacco products through contests or other promotional measures with several exceptions that include events where there will be direct contact and are exclusively for adult smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase.

Law Source, Section

Competitions associated with 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.

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

Analysis:

The law prohibits lotteries and contests that offer rewards, prizes or other benefits that promote tobacco consumption, as well as the distribution of tobacco products through contests or other promotional measures. However, the law allows exceptions for events where there will be direct contact and are exclusively for adult smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit competitions associated with tobacco products.

Law Source, Section

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 law prohibits tobacco advertising and promotion with exceptions for direct contact at events exclusively for adult smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guideline the law should ban direct person to person targeting of individuals.

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 the visible use of the name, logo or emblem of brands of tobacco products and derivatives or of tobacco companies, as well as any kind of advertising, promotion or sponsorship at social responsibility, sports, recreational, religious, cultural, scientific or commercial activities, among others. The manufacture, importation, distribution for free or sale of foods, toys or other objects that have the shape, brand or design of tobacco products and derivatives, is prohibited.

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

Reverse brand stretching or brand sharing

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.

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

Analysis:

The law does not explicitly address reverse brand sharing. However, the law prohibits tobacco advertising and promotion with a few exceptions that do not include reverse brand stretching or sharing. Therefore, the regulatory status code “Some Restrictions” is given. 

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines by prohibiting reverse brand stretching or brand sharing.

Toys that resemble tobacco products

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

The law prohibits manufacture, importation, distribution for free or sale of toys that have the shape, brand or design of tobacco products and derivatives.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on 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 manufacture, importation, distribution for free or sale of foods or other objects that have the shape, brand or design of tobacco products and derivatives.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on candy that resemble 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 prohibits tobacco advertising and promotion with several exceptions that do not include retailer incentive programs. The law is interpreted to prohibit retailer incentive programs or other payments that encourage them to sell tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs (e.g., rewards to retailers for achieving certain sales volumes, enhancing displays, etc.) or other payments to encourage them to sell tobacco products.

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 prohibits tobacco advertising and promotion with several exceptions that do not include paid placement of tobacco products in TV, film, or  other media. The law is interpreted to prohibit paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, or 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 law prohibits tobacco advertising and promotion with several exceptions that do not include unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

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 bans sponsorship of events, activities, individuals, organizations, or governments.  

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on tobacco industry sponsorship of events, activities, individuals, organizations, or governments.

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 bans sponsorship, including of events, activities, individuals, organizations, or governments. Therefore, there can be no publicity of such sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on sponsorship which is banned.

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 prohibits most forms of advertising. The regulations prohibit misleading statements such as “light, low tar, mild.” 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 any promotion, including advertising, by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health hazards, or emissions.