LANGUAGE
Last updated: October 14th 2021

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 direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all tobacco advertising 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.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits all direct and indirect tobacco advertising and promotion, except for marketing in some cross-border publications. Therefore, all 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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all tobacco advertising in other domestic 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 domestic 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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications.. 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

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:

While the law generally prohibits direct and indirect tobacco advertising, it provides an exception for “marketing in publications which are printed and published outside the EU and are not principally intended for the EU market and whose main purpose is not the marketing of a tobacco product, tobacco substitute, smoking accessory, tobacco imitation, electronic cigarette or nicotine-containing liquid.” Because some international magazines and newspapers are exempt from the ban, the regulatory status code “Some Restrictions” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international (cross-border) newspapers and magazines. 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.

Law Source, Section
Secs. 68, 69(1)(a)

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all tobacco advertising on the internet is prohibited.

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

Law Source, Section

Internet tobacco product sales

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

The law specifically prohibits cross-border distance sales of tobacco products. In addition, the law states that products cannot be sold by using any of the “means of distance communications” referred to in the Consumer Protection Law. This specifically includes “information networks.” Therefore, all internet tobacco product sales are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.

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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all 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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all tobacco advertising at the 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.

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 point of sale product display. However, there are exceptions for sales outlets which almost exclusively sell tobacco and have a separate entrance, as well as for vessels engaged in international maritime transport. As a result of these exceptions, 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 point-of-sale product display.

Law Source, Section

Vending machines

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

The law prohibits vending machine sales of tobacco products.

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

Law Source, Section

Conventional mail

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

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all tobacco advertising 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.

Law Source, Section

Telephone and cellular phone

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

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, all 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 through 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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. The definition of “indirect advertising” (the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product) encompasses brand marking on physical structures.

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

Law Source, Section
Secs. 2(35), 2(36), 68

Free distribution of tobacco products

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

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. This is interpreted to include a ban on 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.

Law Source, Section
Secs. 2(35), 2(36), 68

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 any rebates on the price of tobacco products based on the purchase of the mentioned products or other consumer goods and services. This is in addition to the ban on all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications.

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

Law Source, Section
Secs. 2(35), 68, 70

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 direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, competitions associated with tobacco products are prohibited.

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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. Therefore, 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 through direct 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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. The definition of “indirect advertising” (the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product) encompasses brand stretching.

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

Law Source, Section
Secs. 2(35), 2(36), 68

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 direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. The definition of “indirect advertising” (the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product) encompasses reverse brand stretching.

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

Law Source, Section
Secs. 2(35), 2(36), 68

Toys that resemble tobacco products

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

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. The definition of “indirect advertising” (the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product) encompasses 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
Secs. 2(35), 2(36), 68

Candy that resembles tobacco products

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

The law prohibits all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. The definition of “indirect advertising” (the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product) encompasses candy that resembles 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
Secs. 2(35), 2(36), 68

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 tobacco sponsorship. The definition of “tobacco sponsorship” (any form of public or private support to an event, activity or individual with the aim or direct or indirect effect of promoting the sales of a tobacco product…) encompasses 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
Secs. 2(35), 2(37), 68

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 direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. This is interpreted as covering the paid placement of tobacco products.

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.

Law Source, Section
Secs. 2(35), 2(36), 68

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 all direct and indirect tobacco advertising and promotion except for marketing in some cross-border publications. However, the unpaid depiction of tobacco use or tobacco products does not appear to fall within the definition of “indirect advertising.” Therefore, the law is interpreted as permitting unpaid depiction.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit all unpaid depiction of tobacco use and tobacco products in TV, film, and other media.

Law Source, Section
Secs. 2(35), 2(36), 68

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 the “marketing” of tobacco products, the definition of which specifically includes tobacco sponsorship.

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

Law Source, Section
Secs. 2(35), 2(37), 68

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 tobacco industry sponsorship. 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 tobacco sponsorship.

Law Source, Section
Secs. 2(35), 2(37), 68

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 all direct and indirect tobacco advertising and promotion except marketing in some cross-border publications. The law also prohibits any packaging and labeling that promotes the product or encourages its consumption by creating an erroneous impression about its characteristics, health effects, risks, or emissions, or suggests that the product is less harmful than others or aims to reduce the effect of some harmful components of smoke.

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
Secs. 2(35), (37); 33(1), (3), (4), (5), (8); 68