LANGUAGE
Last updated: September 20th 2017

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 via television broadcast 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 tobacco advertising via print press. This includes 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 tobacco advertising via print press, including posters, billboards, leaflets, or signs. Therefore, tobacco advertising via other domestic print media is prohibited.

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 tobacco advertising, particularly on TV and radio. However, the law does not explicitly ban cross-border advertising broadcast from outside of the Republic of Gabon. Therefore, the regulatory status code of “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including TV, radio, and other means of broadcast such as satellite and cable.

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 tobacco advertising. However, the law does not explicitly ban cross-border advertising. Therefore, the regulatory status code of “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits tobacco advertising through any form of communication technology and any new information and communication technologies. This is interpreted as including internet communications.

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 sale of tobacco, tobacco products or any other material used in the manufacture of tobacco products over the internet.

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

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 the posting of tobacco advertising anywhere other than inside of authorized points of sale. Additionally, the decree concerning the prohibition of advertising, promotion, sponsorship and underwriting of tobacco and its derivative products prohibits tobacco advertising on billboards, posters and signs.

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

Point of sale advertising/promotion

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

Point of sale advertising/promotion (other than product displays)

Analysis:

Point of sale advertising is permitted in the law and permissible forms of tobacco advertising are subject to additional regulations.

In order to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including at the point of sale.

Law Source, Section

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 display. However, point of sale product display is a form of point of sale advertising, which is allowed. Therefore, it is interpreted that point of sale product display is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco product display, including the visibility of tobacco products, at a point of sale.

Law Source, Section

Vending machines

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

The law does not address vending machine sales of tobacco products. The law is interpreted as allowing vending machine sales of tobacco products.

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 forms of advertising through any medium, with limited exceptions (point of sale advertisements) that do not apply here. Therefore, 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 through conventional mail.

Telephone and cellular phone

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

The law prohibits tobacco advertising through any communication technology. This includes telephone and cellular phone.

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

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, including “displaying in public any article of clothing, bag umbrella, streamer, scarf or other article that obviously displays the logo or name of a cigarette brand or product derived from tobacco.” Moreover, a decree prohibits the distribution of “free or otherwise, objects bearing the name, brand or advertising emblem of a tobacco product, or the name of a producer, manufacturer or merchant of tobacco or a tobacco product, even when such products are of common use or consumption.” Therefore, 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.
Analysis:

The law prohibits the distribution of a tobacco product or tobacco derivative product as a sample.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets FCTC Art. 16 (sales to and by minors) in this regard.

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 all promotional activities concerning cigarettes and other tobacco products. Therefore, promotions with a tobacco product are prohibited.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Law Source, Section

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 promotional activities concerning cigarettes and other tobacco products. Therefore, competitions associated with tobacco products are prohibited.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Law Source, Section

Direct person to person targeting of individuals

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

Direct person to person advertising is not addressed in the law. However, the law prohibits all forms of advertising through any medium, with limited exceptions (point of sale advertisements) that do not apply here, and a decree prohibits manufacturers, importers, suppliers, distributors and consumers from engaging in advertising activity. Taken together, the law is interpreted as banning direct person to person tobacco advertising.

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

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 advertising of tobacco products, particularly on products that are not related to the tobacco product themselves. Therefore, the ban is interpreted as covering brand stretching.

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

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 does not specifically prohibit reverse brand stretching, but the ban on all forms of tobacco advertising and promotion, other than at points of sale, is interpreted as including reverse brand stretching.

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

Toys that resemble tobacco products

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

The law prohibits tobacco advertising on any articles that are mainly sold to young people or primarily used by them. This is interpreted as including toys that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning 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 tobacco advertising on any articles that are mainly sold to young people or primarily used by them. This is interpreted as including candy that resembles tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning candy that resembles tobacco products.

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, promotion and sponsorship, 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 most forms of advertising of tobacco products including in “films and other video clips including scenes of consumption of tobacco products.” The law is therefore interpreted as encompassing paid placement tobacco products in TV, film, and other media.

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.

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:

A decree requires that films and other video clips depicting scenes of tobacco consumption be classified by a notice that says “prohibited for those under 18.” Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

In order to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including unpaid placement of products.

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 financial or in-kind contributions by the tobacco industry to events, activities, individuals or groups.

The term “sponsorship/underwriting” is defined as “any public or private contribution made to a third party in relation to an event, a team or an activity whose purpose is to promote a brand of cigarette or any other tobacco product, bearing in mind that this event, team or activity would continue to exist without this contribution.” A decree further prohibits the tobacco industry from engaging in any philanthropy or patronage, or conducting any misinformation campaigns. Taken together, the law is interpreted as prohibiting all forms of tobacco industry sponsorship or events, activities, individuals or organizations.

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

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 financial or in-kind contributions by the tobacco industry to events, activities, individuals or groups.

The term “sponsorship/underwriting” is defined as “any public or private contribution made to a third party in relation to an event, a team or an activity whose purpose is to promote a brand of cigarette or any other tobacco product, bearing in mind that this event, team or activity would continue to exist without this contribution.” A decree further prohibits the tobacco industry from engaging in any philanthropy or patronage, or conducting any misinformation campaigns. Taken together, the law is interpreted as prohibiting all forms of publicity of financial or other sponsorship or support by the tobacco industry.

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

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

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 specifically address misleading advertising and promotion. Misleading packaging and labeling of tobacco products is also not prohibited. However, the law does prohibit most forms of advertising and promotion, but it is unclear whether misleading advertising and promotion specifically would be included. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit misleading advertising and promotion.