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 “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

Domestic newspapers and magazines

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

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via domestic newspapers and magazines is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

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 “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via other domestic print media is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

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 “on any satellite, electronic … media or by any other form of communication.” However, because the law does not explicitly prohibit tobacco advertising and promotion on international TV and radio, the regulatory status is “Uncertain.”

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.

Law Source, Section
Part 4, Sections 17 and 18(1)

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 “on any … print media or by any other form of communication.” However, because the law does not explicitly prohibit tobacco advertising and promotion via international newspapers and magazines, the regulatory status is “Uncertain.”

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.

Law Source, Section
Part 4, Sections 17 and 18(1)

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion through internet communications is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

Internet tobacco product sales

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

The law prohibits the sale of tobacco product through the internet, and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section

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

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

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via outdoor advertising is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

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 “on any … print media or by any other form of communication,” but permits retailers to “post signs [at the point of sale] indicating that tobacco products are available for sale, the specific products or brands available for sale, and their respective prices.” However, “brand elements” may not be displayed on the signs. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale tobacco advertising and promotion.

Law Source, Section
Part 4, Sections 17, 18(1), and 25(2) and (3)

Point of sale product display

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

The law prohibits the sale of tobacco products unless they are “kept in a special compartment, from the view of the general public…” This is interpreted as prohibiting point of sale product display.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect. For greater certainty, the law or future regulations should explicitly prohibit advertising tobacco products in any way at the point of sale.

Law Source, Section

Vending machines

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 vending machines except in places where “the public does not reasonably have access” and bars, taverns, or beverage rooms with a prescribed security mechanism. Thus, the regulatory status is “Some Restrictions.”

The law aligns with FCTC Art. 16 in that it attempts to ensure that tobacco vending machines are not accessible to minors. However, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco vending machines as they are an inherent form of advertising.

Law Source, Section

Conventional mail

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

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via conventional mail is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

Telephone and cellular phone

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

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion through telephone and cellular phone is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17 and 18(1)

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 “by any other form of communication,” including the use of tobacco trademarks, logos, brand names, or company names “for the purpose of advertising any organisation, service, activity, or event.” Additionally, the law prohibits promoting tobacco product “brand elements” that are displayed on a non-tobacco product or used with a non-tobacco product service that is associated with minors and a way of life “that includes glamour, recreation, excitement, vitality, risk or daring.” Read together, the law prohibits tobacco brand marking (other than on tobacco product packaging and labeling) and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17, 18(1), and 19(1)

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 and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines. It also meets FCTC Art. 16 in that respect.

Law Source, Section

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 and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 20(a) and (c)

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 competitions associated with tobacco products and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section

Direct person to person targeting of individuals

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

While the law prohibits tobacco advertising “by any other form of communication,” it also has some exceptions (e.g. point of sale advertising and promotion and vending machines) and does not explicitly address direct person to person targeting of individuals. Thus, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person to person targeting of individuals.

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 tobacco advertising “by any other form of communication,” including the use of tobacco trademarks, logos, brand names, or company names “for the purpose of advertising any organisation, service, activity, or event.” Additionally, the law prohibits “furnish[ing], publish[ing], broadcast[ing] or otherwise disseminat[ing] or promot[ing] non-tobacco products bearing a tobacco related brand element” and promoting tobacco product “brand elements” that are displayed on a non-tobacco product or used with a non-tobacco product service that is associated with minors and a way of life “that includes glamour, recreation, excitement, vitality, risk or daring.” Read together, the law prohibits brand stretching/trademark diversification and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section
Part 4, Sections 17, 18(1), and 19

Reverse brand stretching or brand sharing

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

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

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 all tobacco advertising and promotion, including reverse brand stretching.

Toys that resemble tobacco products

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

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

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits candy that resembles tobacco products and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section

Retailer incentive programs

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

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 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 all tobacco advertising and promotion, including 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 prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Given the broad definitions of “tobacco advertising and promotion” and “promotion”, the law is interpreted as prohibiting paid placement in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect. For greater clarity, the law should explicitly prohibit product placement of tobacco products in TV, film, and other media.

Law Source, Section

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

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

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:

Although the law prohibits tobacco advertising “by any other form of communication,” it also has some exceptions (e.g. point of sale advertising and promotion and vending machines) and does not explicitly address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Thus, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

Law Source, Section

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 tobacco industry sponsorship of events, activities, and organizations, but the restriction does not extend to individuals. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship, including of individuals and governments, and define "sponsorship" in accordance with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

Law Source, Section
Part 4, Sections 15(1) and 17

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

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 sponsorship of events, activities, and organizations. Therefore, there cannot be any publicity of sponsorship of events, activities, and organizations. The advertising and sponsorship restrictions do not extend to individuals, though, and so publicity of this form of sponsorship is allowed to the extent tobacco advertising is permitted. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship, including of individuals and governments, and define "sponsorship" in accordance with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

Law Source, Section
Part 4, Sections 15(1) and 17

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 misleading tobacco product packaging “concerning the character, properties, toxicity, composition, merit or safety of the product.” It also prohibits selling or promoting tobacco “by any means, including by means of packaging, that are false, misleading, or deceptive or that are likely to create an appeal or erroneous impression about the characteristics, health effect or hazards of the tobacco product emissions.”

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.

Law Source, Section
Part 3, Section 12 and Part 4, Section 16