LANGUAGE
Last updated: February 13th 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audiovisual or any digital means, including on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising  such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via any print media, including domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual or audiovisual means, including print, including via any means of mass media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising  such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audiovisual or any digital means, including on TV and radio. However, the law does not state whether the ban extends to international TV, radio and other broadcast media. 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 all international and cross-border tobacco advertising and promotion, including via international TV and radio, is prohibited.

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via any print media, including domestic newspapers and magazines. However, the law does not state whether the ban extends to international newspapers and magazines. 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 all international and cross-border tobacco advertising and promotion, including via international newspapers and magazines, is prohibited.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means, including any sort of digital communication, including the internet.

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

Internet tobacco product sales

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

The law prohibits the sale of tobacco products via the internet, and any other means by which the buyer and seller are not in the same physical location.

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means, including billboards.

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

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means. Therefore, any point of sale advertising and promotion is prohibited.

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

Point of sale product display

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

The law requires tobacco products in retail shops to be placed behind or under the counter so that consumers cannot see or grasp the product. The directive also provides for a black and white only price list made available where tobacco products are legally sold.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning the display of tobacco products at points of sale.

Vending machines

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

The law does not explicitly prohibit selling tobacco products in vending machines.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Conventional mail

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

The law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means, including through the mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

Telephone and cellular phone

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

The law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising  such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means and any other digital means, including the telephone and ‘telecom.’

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising through the 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising  such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits tobacco advertising, promotion and sponsorship through communication via audio, visual, or audiovisual means, and specifically prohibits “connecting a brand name, emblem, trademark, logo or trade insignia or any other distinctive feature of a tobacco product with non-tobacco product or services, or a non-tobacco products or services with a tobacco product in such a way that two are likely to be associated.”

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 law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive 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 (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 law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits the promotion of discounted tobacco products, any gifts or items with the purchase of tobacco products, and any incentive promotions or loyalty schemes related to tobacco products.

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits all tobacco advertising, promotion and sponsorship and specifically prohibits different forms of incentive promotions or loyalty schemes. This is interpreted as prohibiting competitions associated with tobacco products.

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

Direct person to person targeting of individuals

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

The law prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits direct person to person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits “connecting a brand name, emblem, trademark, logo or trade insignia or any other distinctive feature of a tobacco product with non-tobacco product or services, or a non-tobacco products or services with a tobacco product in such a way that two are likely to be associated.”

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 prohibits all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits “connecting a brand name, emblem, trademark, logo or trade insignia or any other distinctive feature of a tobacco product with non-tobacco product or services, or a non-tobacco products or services with a tobacco product in such a way that two are likely to be associated.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising  such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits “the manufacture, import, sale or offer for sale any tobacco product that resemble toys, sweet products, and any other products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits “the manufacture, import, sale or offer for sale any tobacco product that resemble toys, sweet products, and any other products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive prohibits payments or other contributions to any person who sells tobacco product to encourage or induce them to sell products, including retail incentive programs like rewards to tobacco product sellers for achieving certain sales volumes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive specifically prohibits paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. The directive permits depictions of tobacco products or tobacco use in media where the depiction is purely incidental or is justified by reasons of historical accuracy or legitimate journalistic or artistic expression, or where the depiction is required for educational purposes; provided no payment or other consideration was offered or made by a tobacco manufacturer or seller, or any person acting on their behalf. The law further requires any depiction of tobacco to contain a message advising that use of a tobacco product is dangerous for health or other comparable message before the start of the presentation.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the unpaid depiction of tobacco use.

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 all indirect and direct forms of tobacco sponsorship. Given the broad definition of “tobacco sponsorship,” which includes “any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly,” and the similar provisions in the directive, the law is interpreted as prohibiting all forms of contribution by the tobacco industry.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to financial or other support by the tobacco industry.

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 all indirect and direct forms of tobacco advertising and promotion, but excludes legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other things. 

Given the broad definition of “tobacco sponsorship,” which includes “any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly,” the law is interpreted as prohibiting all forms of contribution and publicity of tobacco sponsorship. Furthermore, the law and directive allow for the narrow reporting of certain business practices, including those that are likely to be perceived as socially responsible, that do not involve contributions to other parties provided that the information is required for business administration or corporate reporting. Because these practices cannot involve contributions and may only be reported where necessary or required, the law is interpreted as comprehensively banning the publicity of tobacco sponsorship.

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

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 and directive prohibit all forms of tobacco advertising, promotion and sponsorship. Therefore, there can be no advertising or promotion by means that are false, misleading, or deceptive.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to promotion of tobacco products by means that are false, misleading, or deceptive or that are likely to create an erroneous impression.