LANGUAGE
Last updated: November 7th 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.
Analysis:

The Law on Broadcasting prohibits advertising of tobacco products, tobacco accessories and tobacco devices. Therefore, 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 broadcast media.

Law Source, Section

Domestic newspapers and magazines

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

The Law on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions, including printed material intended exclusively for industry representatives.

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.
Analysis:

The law prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions, including printed material intended exclusively for industry representatives.

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)

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 on Broadcasting prohibits advertising of tobacco products, tobacco accessories and tobacco devices. However, because the law does not explicitly address international TV and radio, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion via international or cross-border TV and radio.

Law Source, Section

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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions, including printed material intended exclusively for industry representatives. However, because the law does not explicitly address international newspapers and magazines, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion via 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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions, including electronic material intended exclusively for industry representatives. Therefore, the law is interpreted as prohibiting all tobacco advertising via 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 sale of tobacco products via the internet is banned.

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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions that do not include outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on 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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions that do not apply to points of sale. Therefore, the law is interpreted as prohibiting all point of sale advertising.

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

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 tobacco display at point of sale that is visible from outside the shop, except in the duty-free zone at airports. Beginning in January 2021, the law will prohibit the display of tobacco products inside shops as well, again with an exception provided for duty-free zones at airports. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale product display.

Vending machines

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

The law 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 vending machines.

Conventional mail

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

The Law on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions that do not apply to conventional mail. In addition, the Law on Tobacco Control prohibits “promotional materials intended for an individual,” which could include promotional materials sent via mail. Therefore, the law is interpreted as prohibiting tobacco advertising and promotion through conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail.

Telephone and cellular phone

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

The law specifically prohibits telemarketing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via 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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions that do not apply to 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.
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 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 promoting tobacco products in any form, including through a give-away, drawing, lottery, game, or coupon. In addition, under the Law on Lotteries, Gambling and Betting Games, it is prohibited to use tobacco products as prizes in lotteries and to give them out through lotteries, gambling, or betting games.

Taken together, these provisions are interpreted as banning promotions with a tobacco product purchase.

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

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 promoting tobacco products in any form, including participating in an event, lottery, etc. that uses tobacco products. The law is interpreted as banning competitions associated with tobacco products.

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.
Analysis:

The law prohibits tobacco promotion through direct personal communications or network marketing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 on Advertising prohibits any type of advertising for tobacco products, tobacco accessories, and tobacco devices with a few exceptions that do not apply to brand stretching/trademark diversification.

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

Reverse brand stretching or brand sharing

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

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law does not specifically address reverse brand stretching; therefore, the law is interpreted as allowing this practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching.

Toys that resemble tobacco products

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

The law prohibits selling or distributing toys, sweets or other products that are not tobacco products but are illustrations, simulations or imitations of tobacco 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 selling or distributing toys, sweets or other products that are not tobacco products but are illustrations, simulations or imitations of tobacco 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 specifically prohibits payments or rewards to retailers intended to motivate them to sell more tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentives.

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 on Broadcasting prohibits advertising of tobacco products, tobacco accessories, and tobacco devices. Additionally, the Law on Tobacco Control specifically prohibits depicting smoking or other forms of its use in the mass media except if a smoker appears unintentionally during a live broadcast.

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

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 on Tobacco Control specifically prohibits depicting smoking or other forms of its use in the mass media except if a smoker appears unintentionally during a live broadcast.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

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

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.

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 direct and indirect sponsorship of tobacco products by manufacturers, importers, and retailers from sponsoring events, activities, individuals, organizations or governments. However, the definition of “sponsorship” is limited to those contributions made in exchange for the advertising of goods manufactured by the sponsor. Therefore, contributions not made in exchange for advertising, such as so-called “corporate social responsibility” donations, are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship. In addition, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided by the FCTC.

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.
Analysis:

The law prohibits direct and indirect sponsorship of tobacco product manufacturers, importers, and retailers from sponsoring events, activities, individuals, organizations or governments. However, the definition of “sponsorship” is limited to those contributions made in exchange for the advertising of goods manufactured by the sponsor. Therefore, contributions not made in exchange for advertising, such as so-called “corporate social responsibility” donations, are allowed. While publicity in the form of advertising for the product is not allowed, there do not appear to be restrictions on publicizing donations not made in exchange for advertising. 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 all tobacco sponsorship and publicity thereof

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 tobacco products from containing any names, labeling, or packaging that contains false, or misleading information or information creating a false impression about the product’s properties, substance, or harmful effects. It also bans the use of language that implies that one tobacco product is less harmful than other tobacco products. The law also bans any “word, abbreviation, sign, image, chart or a number” used in any language “which will create directly or indirectly a false impression that the given product is less harmful compared with the other products.” The law further bans the use of misleading words in brand or trade names, and gives examples of such words as “light”, “mild”, “less intensive”, “ultra-light”, “low tar”, “extra”, “ultra”, and “menthol.” While many forms of direct and indirect tobacco advertising are prohibited, the Law on Advertising also contains a provision prohibiting all “improper advertisements,” which is defined to include “unfair, unreliable, unethical, [and] misleading” advertisements.

Taken together, these provisions are interpreted as prohibiting all misleading advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.