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.
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Analysis:

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for domestic broadcast media; therefore, tobacco advertising and promotion via any domestic broadcast medium, including TV, radio, satellite, and cable, is prohibited.

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

Domestic newspapers and magazines

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

Tobacco advertising in domestic newspapers and magazines is generally prohibited. However, tobacco advertising is permitted in tobacco industry-specific publications and communications that are geared towards professional organizations, producers, manufacturers, and distributors of tobacco products as well as in other publications approved by an administrative order from the Minister of Health and Communications.

Because FCTC Art. 13 Guidelines paragraphs 32-34 provide for a trade exemption, 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, 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:

Tobacco advertising in other domestic media, such as pamphlets, leaflets, flyers, posters, and signs is generally prohibited. However, tobacco advertising is permitted in tobacco industry-specific publications and communications that are geared towards professional organizations, producers, manufacturers, and distributors of tobacco products as well as in other publications approved by an administrative order from the Minister of Health and Communications.

Because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, 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)

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

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for international TV and radio; therefore, tobacco advertising and promotion via any international broadcast medium, including TV, radio, satellite, and cable is prohibited. There have been several court decisions that have confirmed that the ban covers cross-border TV and radio broadcasts.

This law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio.

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:

Tobacco advertising in international newspapers and magazines is generally prohibited. However, tobacco advertising is not prohibited if it is made available by someone that is based in a country not belonging to the European Union or the European Economic Area and if the publication is not primarily intended for the market of the European Union.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, 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 with FCTC Art. 13 and the FCTC Art. 13 Guidelines, 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

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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Internet communications (not sales)

Analysis:

Tobacco advertising through internet communications is generally prohibited. However, tobacco advertising is not prohibited if it is made available by someone that is based in a country not belonging to the European Union or the European Economic Area and if the online communication is not primarily intended for the market of the European Union.

Although the law restricts but does not prohibit all tobacco advertising, 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 with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all internet communications, regardless of the country of origin and principal target market.

Internet tobacco product sales

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

The Statute on Retailers and Resellers of Tobacco specifically prohibits the sale of tobacco products over the internet. The statute also mandates that tobacco products may only be sold within the premises of a shop.

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

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

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

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for outdoor advertising and billboards; therefore, advertising and promotion via outdoor advertising is prohibited.

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:

The law no longer provides an exemption to the general ban on tobacco advertising for point-of-sale advertising. Therefore, point-of-sale advertising and promotion is prohibited.

The only permitted signage at points of sale is the traditional signage for a tobacco shop, commonly called a “carrot”. The sign may be posted on the outside of the tobacco shop and may include the word “tobacco” or “tobacco shop” and the name of the establishment.

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

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

The law does not address point-of-sale product displays specifically. Because "tobacco advertising and promotion" is not defined, it is difficult to determine if the law contemplates product displays as a form of tobacco advertising falling within the advertising ban, as the FCTC Art. 13 Guidelines do.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, product displays should clearly be banned under a broad prohibition on tobacco advertising and promotion. The term "tobacco advertising and promotion" should be defined in accordance with the definition provided in FCTC Art. 1(c).

Vending machines

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

The law explicitly prohibits the sale of tobacco products from vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco product sales from vending machines.

Conventional mail

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

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for conventional mail; therefore, tobacco advertising and promotion via conventional mail is prohibited.

Notably, the law does include an exemption for tobacco industry-specific publications and communications, which may be distributed via conventional mail. However, because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, the regulatory status "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 specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for telephone and cellular phone; therefore, tobacco advertising and promotion via telephone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phone advertising.

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 Code of Public Health, Art. L3512-4, prohibits “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients.” Further, Art. L3512-5 specifically prohibits advertising or publicity of a non-tobacco product or service, when through its display, graphic representation, or use of a brand, emblem or other sign, such advertising “calls to mind tobacco, a tobacco product.” In addition, there have been several court decisions that have confirmed that the ban on direct and indirect advertising and publicity covers brand marking.

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 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 (Sales to Minors) in this respect.

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 law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. The law also prohibits the sale of tobacco products at a discount price. There is no exemption for promotions with a tobacco product purchase; therefore, promotions with a tobacco product purchase are prohibited. There have been several court decisions that have confirmed that the ban covers discounts, promotions, and other such rewards.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, and prizes.

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 law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for competitions associated with tobacco products. Therefore, such competitions are prohibited.

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

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

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients” subject to specific, limited exemptions. There is no exemption for direct person to person targeting of individuals. Therefore, such practices are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person advertising.

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 law prohibits direct and indirect advertising and promotion of tobacco products through any means. The law explicitly includes a prohibition on tobacco-brand indicia on non-tobacco products. 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 law does not expressly address reverse brand stretching. However, the law prohibits direct and indirect advertising and promotion of tobacco products through any means. The law, therefore, is interpreted as prohibiting reverse brand stretching.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching. However to clarify the scope of the ban on tobacco advertising and promotion and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Toys that resemble tobacco products

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 advertising and promotion of tobacco products through any means. Further, the law explicitly includes a prohibition on tobacco-brand indicia on non-tobacco products. However, the law does not specifically address toys or candy that resemble tobacco products. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should incorporate the FCTC definition of "tobacco advertising and promotion" and make clear that tobacco advertising and promotion via toys that resemble tobacco products is banned.

Candy that resembles tobacco products

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 advertising and promotion of tobacco products through any means. Further, the law explicitly includes a prohibition on tobacco-brand indicia on non-tobacco products. However, the law does not specifically address toys or candy that resemble tobacco products. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should incorporate the FCTC definition of "tobacco advertising and promotion" and make clear that tobacco advertising and promotion via candy that resembles tobacco products is banned.

Retailer incentive programs

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 law prohibits advertising and promotion of tobacco products through any means, which is interpreted as including retailer incentive programs. Additionally, all tobacco-related incentive programming is prohibited by Arts. 283 (Annex 2) and 570 of the General Tax Code.

As tobacco advertising and promotion via retailer incentives is banned, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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:

The law specifically bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients,” which includes paid placement of tobacco products in TV, film, or other media. Therefore, advertising and promotion via paid placement of tobacco products is prohibited.

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

The law bans “advertising or publicity, whether direct or indirect, for tobacco, tobacco products, and [tobacco] ingredients,” which includes, given the broad definition of “indirect advertising or publicity”, the unpaid depiction of tobacco use or tobacco products.

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

Law Source, Section
Code of Public Health
Arts. L3512-4, L3512-5

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 law prohibits “any sponsorship or underwriting . . . when it is performed by manufacturers, importers or distributors of tobacco products, or when its purpose or effect is to engage in direct or indirect advertising or publicity for tobacco, tobacco products and [tobacco] ingredients.” Because this sentence is phrased with ‘or’, it explicitly bans all contributions by the tobacco industry as well as contributions by other actors when the purpose or effect is to publicize tobacco either directly or indirectly.

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

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.
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Analysis:

The law prohibits “any sponsorship or underwriting . . . when it is performed by manufacturers, importers or distributors of tobacco products, or when its purpose or effect is to engage in direct or indirect advertising or publicity for tobacco, tobacco products and [tobacco] ingredients.” Because this sentence is phrased with ‘or’, it explicitly bans all contributions by the tobacco industry as well as contributions by other actors when it publicizes tobacco either directly or indirectly. There is, however, an exception to the ban on publicity of tobacco sponsorship. The law permits the rebroadcast of motorsports competitions containing direct or indirect advertising of brand stretching products and that take place in countries where tobacco advertising is allowed. For this reason, the regulatory status code “Some Restrictions” is given.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the rebroadcast of sports events that contain direct or indirect advertising for brand stretching products.

Promotion by any means that are false, misleading or deceptive

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 prohibits on tobacco product packaging “any element or device” that gives an erroneous impression with regard to the characteristics, health effects, risks or emissions of the product, which includes messages, symbols, names, commercial brands, figurative or other signs. In fact, standardized or neutral packaging is required. Taken together with the comprehensive ban on advertising and promotion, these provisions prohibit all promotion by means that are false, misleading, or deceptive.

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