LANGUAGE
Last updated: May 15th 2020

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising on domestic TV, radio, and other broadcast media is prohibited.

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.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising 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.

Law Source, Section

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising in other print media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other print media.

Law Source, Section

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. However, the law does not explicitly address advertising on international TV and radio. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.

Law Source, Section

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. However, the law does not explicitly address advertising in international newspapers and magazines is prohibited. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international (cross-border) newspapers and magazines is prohibited.

Law Source, Section

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 through any direct or indirect means, which is interpreted to include internet communications. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use.

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

Law Source, Section

Internet tobacco product sales

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

The law expressly prohibits the sale of tobacco products via the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, outdoor tobacco advertising is prohibited. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

Law Source, Section

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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. The law is interpreted as prohibiting 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 tobacco advertising and promotion.

Law Source, Section

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 law prohibits the display of a tobacco product by means that allow a person to handle the tobacco product before paying for it. The law only permits retailers to post signs indicating that products are available for sale, along with their respective prices, provided that brand elements are not visibly displayed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all display and visibility of tobacco products at points of sale.

Law Source, Section

Vending machines

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

The law specifically prohibits the sale of tobacco products through a vending machine. “Vending machine” is defined as any means of distribution of tobacco products not mediated by a human being.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco sales through vending machines.

Law Source, Section

Conventional mail

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

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising via conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product sales 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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising via 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 and cellular phone.

Law Source, Section

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 tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. In addition, the law prohibits the sale, promotion, and distribution of any item other than a tobacco product which bears the brand name, logo, colors, slogan, or any other indicia of a tobacco product. Together, these provisions are interpreted as prohibiting all brand marking.

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

Law Source, Section

Free distribution of tobacco products

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

The law prohibits the distribution of tobacco products without monetary consideration.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 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 law prohibits promotions with a tobacco product purchase including gifts, bonuses, and rebates

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Since the law broadly prohibits promotional activity, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Law Source, Section

Direct person to person targeting of individuals

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

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, direct person to person targeting of individuals is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via person to person targeting.

Law Source, Section

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 use of tobacco brand names, trademarks, trade names, logos, designs, recognizable colors or pattern of colors or any other product identification connected with a tobacco product on a non-tobacco product.

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 does not explicitly address reverse brand stretching. However, the law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, the law is interpreted as prohibiting reverse brand stretching or brand sharing.

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

Law Source, Section

Toys that resemble tobacco products

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

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertisement and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. The law is interpreted as prohibiting toys that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, the law is interpreted as prohibiting candy that resembles tobacco products 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.

Law Source, Section

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. In addition, the law explicitly prohibits any person from offering or providing gifts/incentives associated with the purchase of a tobacco products, including any gifts to a purchaser or a “third party,” which could be interpreted to include retailers. Thus, the law is interpreted as prohibiting retailer incentive programs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

Law Source, Section

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 through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, paid placement of tobacco products in TV, film or other media is prohibited.

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.

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:

The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Because the definition of “tobacco advertising and promotion” encompasses “commercial” communications, recommendations, and actions, the law is not interpreted as prohibiting unpaid depiction because it is not “commercial.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media is prohibited.

Law Source, Section

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 prohibits advertising and promotion of tobacco products including through sponsorship of an organization, service, physical establishment, vehicle or event. The definition of “tobacco sponsorship” includes any form of contribution to any event, activity or individual, including financial or other sponsorship. Thus tobacco industry sponsorship of events, activities, individuals or groups is prohibited.

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

Law Source, Section

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 prohibits advertising and promotion of tobacco products including through sponsorship of an organization, service, physical establishment, vehicle or event. The definition of “tobacco sponsorship” includes any form of contribution to any event, activity or individual, including financial or other sponsorship. The law is interpreted as prohibiting tobacco industry sponsorship of events, activities, individuals, organizations, and governments. Therefore, there can be no publicity of such sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.

Law Source, Section

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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use.  

In addition, the law prohibits the manufacture, sale and import of tobacco products unless the packaging and labeling do not promote the product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. The law specifically prohibits descriptions, trademarks or terms such as low tar, light, ultra-light or mild.

While this prohibition relates to tobacco product packaging and labeling, this in combination with the general prohibition on advertising and promotion is interpreted as prohibiting the promotion of tobacco products by false, misleading or deceptive means.

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

Law Source, Section