Last updated: February 2, 2021

Regulated Forms of Advertising, Promotion and Sponsorship

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

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Therefore, tobacco advertising and promotion on domestic TV 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 TV and radio.

Domestic newspapers and magazines

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. 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, leaflets, flyers, posters, signs (not including print advertising at the point of sale)

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

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is prohibited.

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
Analysis

The Advertising Act prohibits advertising of tobacco products. However, it does not explicitly address advertising of tobacco products via international or cross-border means, including 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.

International newspapers and magazines

Some Restrictions
Analysis

The Advertising Act prohibits advertising of tobacco products. However, the law states that the prohibition does not extend to publications printed and published in countries outside of the European Economic Area if these publications are not primarily intended for the internal market of the European Union. Therefore, the regulatory status code "Some Restrictions" is given.

The law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that "Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory." However, to fully align, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of the country of origin and principal target market.

Internet communications

Internet communications (not sales)

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Given that the definition of “advertising” includes “any information which is made public in any generally perceived form,” the law is interpreted as prohibiting tobacco advertising and promotion via internet communications.

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

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

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Therefore, tobacco advertising and promotion though outdoor advertising is prohibited.

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

Point of sale advertising/promotion

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

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Therefore, tobacco advertising and promotion at point of sale is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

Point of sale product display

Some Restrictions
Analysis

The Tobacco Act prohibits the visible display of tobacco products in retail trade sales premises, except: in retail trade sales premises specialized in the sale of tobacco products so long as the products are not visible from outside of the sales premises; on ships operating on international routes; and in retail trade premises in airports and passenger ports. Therefore, the regulatory status code “Some Restrictions” is given.

To align more fully with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale product display in all retail points of sale.

Conventional mail

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. Therefore, tobacco advertising and promotion through conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Telephone and cellular phone

Uncertain
Analysis

The Advertising Act prohibits advertising of tobacco products. The definition of advertising encompasses “any information which is made public in any generally perceived form.” Because it is unclear whether advertising by telephone and cellular phone is considered “making information public in a generally perceived form,” 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 through telephone and cellular phone is prohibited.

Brand marking on physical structures

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)

Banned
Analysis

The Advertising Act prohibits all advertising of tobacco products. The definition of advertising encompasses “any information which is made public in any generally perceived form.” This is interpreted to include brand marking and, therefore, tobacco advertising and promotion through brand marking 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
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 with respect to the free distribution of tobacco products.

Promotions with a tobacco product purchase

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)

Banned
Analysis

The Tobacco Act prohibits promotions with a tobacco product purchase.

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

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

Banned
Analysis

The law prohibits giving or offering a prize, award, or other amenity to consumers in direct or indirect relation to tobacco products, or in the course of other activities. This is interpreted as prohibiting competitions associated with tobacco products, regardless of whether a tobacco purchase is required or not.

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

Uncertain
Analysis

The Advertising Act prohibits all advertising of tobacco products. The definition of advertising encompasses “any information which is made public in any generally perceived form.” Because it is unclear whether direct person-to-person targeting is considered “making information public in a generally perceived form,” 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 direct person-to-person targeting of individuals is prohibited.

Brand stretching/trademark diversification

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Some Restrictions
Analysis

The Advertising Act restricts the use of a tobacco trademark for the purpose of advertising non-tobacco products or services. Specifically, a tobacco trademark can be used if it does not “express a tobacco product or the consumption thereof in words or depict it in picture.”

A tobacco trademark which “expresses a tobacco product or the consumption thereof in words or depicts in picture” shall not be used to mark a business location or a business vehicle or in publicizing tobacco sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching.

Reverse brand stretching or brand sharing

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

Allowed
Analysis

The law does not 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, the law should prohibit reverse brand stretching.

Toys that resemble tobacco products

Some Restrictions
Analysis

The law prohibits the sale to minors of “products the shape of which is similar to tobacco products.” This is interpreted to include toys that resemble tobacco products. Because the sale of such products is prohibited to minors, but allowed to adults, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of toys that resemble tobacco products to all persons, not just minors.

Candy that resembles tobacco products

Some Restrictions
Analysis

The law prohibits the sale to minors of “products the shape of which is similar to tobacco products.” This is interpreted to include candy that resembles tobacco products. Because the sale of such products is prohibited to minors, but allowed to adults, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of candy that resembles tobacco products to all persons, not just minors.

Retailer incentive programs

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

Allowed
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.

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

Banned
Analysis

The law prohibits paid product placement of “tobacco products or cigarettes or the goods of such undertakings whose principal activity is the manufacture and sale of cigarettes and other tobacco products.” Product placement includes any form of “audiovisual commercial communication.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.

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

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

Allowed
Analysis

The law does not address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Therefore, the law is interpreted as allowing this unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media that does not serve a legitimate purpose.

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

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)

Some Restrictions
Analysis

The Media Services Act prohibits tobacco industry sponsorship of a media service or program. The Tobacco Act prohibits the sponsorship (grant of material support) of “persons or activities . . . if the objective of the activity is to promote the sale or consumption of specific tobacco products or products related to tobacco products.” The sponsorship of organizations or governments is not specifically prohibited, and sponsorship by tobacco manufacturers not related to a specific product is not prohibited. In instances where sponsorship is permitted, the law explicitly allows information about the tobacco sponsor and the material support to be disclosed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including tobacco industry sponsorship of organizations and governments, as well as events, activities, and individuals.

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

Allowed
Analysis

In instances where tobacco sponsorship is permitted, the law explicitly allows information about the tobacco sponsor and the material support to be disclosed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including publicity of financial or other sponsorship or support by the tobacco industry.

Promotion by any means that are false, misleading or deceptive

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)

Banned
Analysis

The Advertising Act generally prohibits all advertising “which in any way misleads or is likely to mislead” the consumer. In addition, the Tobacco Act prohibits the inclusion of information, text, or image on a tobacco product package that creates an erroneous impression about its characteristics, health effects, risks, or emissions. These provisions, taken together with the comprehensive ban on tobacco advertising, prohibit tobacco promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.

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.