LANGUAGE
Last updated: February 27th 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.
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Analysis:
The Tobacco Control Decree 2010 prohibits the “broadcast or telecast” of a tobacco product advertisement. Although the Decree permits the Minister to exempt “a class of persons, advertisements or events wholly or in part” from the prohibitions, the Minister has not provided for any blanket exemptions for tobacco advertising on domestic TV and radio. As a result, the regulatory status code “Banned” is given. 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.
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Analysis:
The Tobacco Control Decree 2010 prohibits the printing or publishing of a tobacco product advertisement. Although the Decree permits the Minister to exempt “a class of persons, advertisements or events wholly or in part” from the prohibitions, the Minister has not provided for any blanket exemptions for tobacco advertising in domestic newspapers and magazines. As a result, the regulatory status code “Banned” is given. 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.
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Analysis:
The Tobacco Control Decree 2010 prohibits the printing or publishing of a tobacco product advertisement. Although the Decree permits the Minister to exempt “a class of persons, advertisements or events wholly or in part” from the prohibitions, the Minister has not provided for any blanket exemptions for tobacco advertising in other print media. As a result, the regulatory status code “Banned” is given. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other print media.

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

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.
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Analysis:
The Tobacco Control Decree 2010 prohibits the “broadcast or telecast” of a tobacco product advertisement. However, this provision does not apply to any radio or television transmission originating outside Fiji, or any film or video made outside the country unless the transmissions have the express purpose of promoting a tobacco product, are intended for sale/exhibition primarily in Fiji, or are targeted at a Fiji audience. Because the law allows for a few exceptions, the regulatory status code “Some Restrictions” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion through international TV and radio should be banned.

International newspapers and magazines

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.
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Analysis:
The Tobacco Control Decree 2010 prohibits the printing or publishing of a tobacco product advertisement. However, this provision does not apply to any international newspapers or magazines printed outside Fiji unless the print media have the express purpose of promoting a tobacco product, are intended for sale/exhibition primarily in Fiji, or are targeted at a Fiji audience. Because the law allows for a few exceptions, the regulatory status code “Some Restrictions” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion through international newspapers andmagazines should be banned.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:
The law does not specifically prohibit tobacco advertising via internet communications, nor does it include a ban on advertising via electronic media. However, the law prohibits the display of a tobacco product advertisement, which is defined to include “any words … written, printed, spoken … on film, video recording or other medium.” Because of the catch-all “other medium”, the law is interpreted as prohibiting tobacco advertising via internet communications. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. However, this would be made clearer by defining the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not specifically prohibit the sale of tobacco products via internet websites. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit the sale of tobacco products via internet.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 prohibits the printing or publishing of a tobacco product advertisement. Although the Decree permits the Minister to exempt “a class of persons, advertisements or events wholly or in part” from the prohibitions, the Minister has not provided for any blanket exemptions for tobacco advertising on outdoor advertising. As a result, 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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Point of sale advertising/promotion (other than product displays)

Analysis:
Under the Tobacco Control Decree 2010, it is prohibited to “print or publish” a tobacco product advertisement. Further, the Tobacco Control Regulations 2012 prohibit a retailer from displaying “any tobacco product advertisement including header cards or tobacco branded printed materials within the vicinity of the licensed retail shop.” Therefore, all 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

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 Tobacco Control Regulations 2012 limit the number of tobacco display units to one per checkout counter. In addition, the Regulations prohibit a retailer from displaying “any tobacco product for sale on any counter top or similar surface.” Read in conjunction, these provisions are interpreted as permitting only one tobacco display per checkout counter. Because of the restrictions on the number of displays, the regulatory status code “Some Restrictions” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all product display and visibility at points of sale.
Law Source, Section
Sections 3(1)(b), (2)(a)

Vending machines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 expressly prohibits tobacco product sales via vending machines, and covers both the action of placing a vending machine or causing a vending machine to be placed for use by the public any place in Fiji. The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to vending machines.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 prohibits the printing or publishing of a tobacco product advertisement. Although the Decree permits the Minister to exempt “a class of persons, advertisements or events wholly or in part” from the prohibitions, the Minister has not provided for any blanket exemptions for tobacco advertising on conventional mail. As a result, the regulatory status code “Banned” is given. 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.
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Analysis:
The law does not specifically prohibit tobacco advertising via telephone or cell phone communications. However, the Tobacco Control Decree 2010 prohibits the display of a tobacco product advertisement, which is defined to include “any words … written, printed, spoken … on film, video recording or other medium.” Because of the catch-all “other medium”, the law is interpreted as prohibiting tobacco advertising via telephone or cell phone. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phone. However, this would be made clearer by defining the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 Tobacco Control Decree 2010 states that it is prohibited to “display on any building (including, but not limited to any building which is or houses a club, restaurant or stadium) or on any other structure or in any other place any name, writing, picture, image, graphic, logo message, colour or other matter, in whole or in part, which is commonly identified or associated with, or is likely or intended to be identified or associated with a tobacco product or trademark or brand name, or part of a trademark or brand name, of a tobacco product or manufacturer.” Thus, 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
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 expressly prohibits the distribution of free samples of tobacco products for the purpose of promoting or inducing sales. The law aligns FCTC Art. 13 and the FCTC Art. Guidelines and meets FCTC Art. 16 with respect to free distribution of tobacco products.

Promotions with a tobacco product purchase

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 Tobacco Control Decree 2010 strictly prohibits an individual from, in connection with the sale of a tobacco product or for the purpose of promoting a tobacco product, providing “a prize, gift or other benefit”, vouchers or anything else that may lead to a benefit (such as tickets that allow purchasers the potential to win a prize). The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning promotions accompanying a tobacco product purchase.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:
The Tobacco Control Decree 2010 strictly prohibits an individual from, in connection with the sale of a tobacco product or for the purpose of promoting a tobacco product, providing “any thing which … is a necessary prerequisite to participation in … any game, contest or other activity” that may lead to a prize, gift, or other benefit. This provision is interpreted as prohibiting all competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning competitions associated with tobacco products.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 prohibits the “announcement” of a tobacco product advertisement. “Tobacco product advertisement” is defined to include “any words, whether written, printed or spoken”. Therefore, although the law does not specifically prohibit direct person- to-person targeting of individuals, the definition is broad enough to cover any direct one-on-one marketing pitches. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:
The Tobacco Control Decree 2010 prohibits the advertisement, display, distribution, and sale of any goods that are not tobacco products and contain - in any manner or form - characteristics that are commonly associated with or are likely to be associated with a tobacco product, trademark, or brand name. Therefore, brand stretching is prohibited. 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.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:
The Tobacco Control Decree 2010 prohibits the display on a tobacco product of “any brand name, trademark or other sign, symbol, logo, or similar visual matter that is commonly associated with any goods which are not a tobacco product, or any service.” Therefore, reverse brand stretching is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.

Toys that resemble tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The Tobacco Control Decree 2010 prohibits a person from selling any toy, “amusement” or other product that resembles a tobacco product, or contains any brand name, trademark or packaging that resembles a tobacco product. 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.
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Analysis:
The Tobacco Control Decree 2010 prohibits a person from selling any confectionary or other food that resembles a tobacco product, or contains any brand name, trademark or packaging that resembles a tobacco product. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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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 Tobacco Control Decree 2010 strictly prohibits an individual from, in connection with the sale of a tobacco product or for the purpose of promoting a tobacco product, “conducting a scheme … to promote the sale of tobacco product”. Although this could be interpreted as covering retailer incentive programs, the Tobacco Control Regulations 2012 make clear that a “scheme” is considered “the offer, supply or distribution to the public of a free sample of a product which is not a tobacco product, but which is intended to promote the sale of a tobacco product or smoking generally.” Thus, the law does not appear to address retailer incentive programs. Accordingly, the regulatory status code “Allowed” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit 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.
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Analysis:
According to the Tobacco Control Decree 2010, it is prohibited to sell, distribute, or cause to be sold or distributed, any “film, video tape or Compact Disk” containing a tobacco product advertisement. In addition, the Decree prohibits the broadcast or telecast of a tobacco product advertisement. “Tobacco product advertisement” is defined as including “visual image”. Therefore, the law is interpreted to prohibit to 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 in visual 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.
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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:
According to the Tobacco Control Decree 2010, it is prohibited to sell, distribute, or cause to be sold or distributed, any “film, video tape or Compact Disk” containing a tobacco product advertisement. In addition, the Decree prohibits the broadcast or telecast of a tobacco product advertisement. “Tobacco product advertisement” is defined as including “visual image”, which is interpreted to apply to any depiction of tobacco products in TV, film or other media, whether paid or unpaid. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid placement that does not serve a legitimate purpose.

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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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 Tobacco Control Decree 2010 prohibits individuals from promoting or publicizing tobacco products, trademarks and company names in exchange for sponsorship or reward. However, the law does not appear to prohibit the financial or other sponsorship itself, meaning that tobacco companies are free to donate money or other sponsorship to events, activities, individuals/groups, organizations, or governments, including so called “corporate social responsibility”, so long as it is not in exchange for promotion or publicity of a tobacco product or company. Thus, the regulatory status code “Allowed” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship.

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.
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Analysis:
The Tobacco Control Decree 2010 prohibits individuals from promoting or publicizing tobacco products, trademarks and company names in exchange for sponsorship or reward. Although the law does not appear to prohibit the underlying sponsorship or other contribution itself, the law is clear that no promotion or publicity may be agreed to in exchange for the sponsorship or contribution. Thus, any publicity of financial or other sponsorship is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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.
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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 does not address misleading advertising or promotion; however, it does restrict misleading language on tobacco product labeling. The Tobacco Control Decree 2010 prohibits the distribution or sale of a tobacco product in a package that is marked or printed with any misleading labeling. As a result, the regulatory status code “Some Restrictions” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit both misleading language on the labeling of tobacco products and in any advertising or promotion.