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)

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:

Tobacco advertising may not appear on “children’s television and radio programs”, which is defined as programming or broadcast after 06:00 (6:00 am) and before 21:00 (9:00 pm). For this reason, the regulatory status “Some Restrictions” is given. In addition, tobacco advertising and may not show consumption of tobacco products and the Commission must approve all advertising prior to release. For TV, a written health warning must be displayed for three seconds at the beginning and end of the television ad, and for the duration of the ad by teletext at the bottom of the screen. For radio, a verbal warning must be read before and after the ad.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via TV and radio.

Domestic 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:

Tobacco advertising in domestic newspapers and magazines is generally allowed. However, advertising is not allowed in magazines intended exclusively for young people and children. For this reason, the regulatory status “Some Restrictions” is given. The Commission must approve all advertising prior to release and tobacco advertising may not show consumption of tobacco products. In addition, two health warnings are required on the advertisement, each occupying 5% of the ad space for a total of 10% of the ad space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via newspapers and magazines.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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

Tobacco advertising in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is allowed. The Commission must approve all advertising prior to release and tobacco advertising may not show consumption of tobacco products. In addition, two health warnings are required on the advertisement, each occupying 5% of the ad space for a total of 10% of the ad space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

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:

Domestically, tobacco advertising may not appear on “children’s television and radio programs”, which is defined as programming or broadcast after 06:00 (6:00 am) and before 21:00 (9:00 pm). The definition of “advertising through radio media” includes “advertising transmitted by national radio on its various frequencies, community radios, closed circuit and any other modality which may arise in the future.” Because this definition applies to national radio only, restrictions on tobacco advertising do not apply to international radio.

The definition of “advertising through television” encompasses “advertising transmitted by local, national, closed circuit and cable television, prescribed to be transmitted in the country,” which could include international or cross-border programming but does not explicitly include cross-border programming. Because the law does not explicitly address international or cross-border TV, the regulatory status code “Uncertain” is given.

Accordingly, tobacco advertising, promotion and sponsorship via international radio is interpreted to have the regulatory status code “Allowed” while international TV is given the regulatory status code “Uncertain.” Only one code can be given here, so “Uncertain” was selected.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic and cross-border tobacco advertising, promotion and sponsorship via TV and radio.

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:

Domestically, advertising is not allowed in magazines intended exclusively for young people and children. Because the law does not explicitly apply the restriction on tobacco advertising in newspapers and magazines to international newspapers and magazines, it is uncertain whether this restriction applies.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic and cross-border tobacco advertising, promotion and sponsorship via newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

Tobacco advertising via electronic media, which by definition includes internet communications, is allowed. The Commission must approve all advertising prior to release and tobacco advertising may not show consumption of tobacco products. In addition, a health warning is required at the top and bottom of the advertisement.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via the internet.

Internet tobacco product sales

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

The law does not address the sale of tobacco products via internet. Therefore, the law is interpreted as allowing tobacco product sales via internet.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 18 -21, the law should prohibit the sale of tobacco products via internet as this is an inherent form of advertising.

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

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:

Outdoor tobacco advertising, via billboards and posters, is restricted.

Outdoor advertising may not be placed within 500 meters of the entrances and exits of schools, universities, sports facilities, hospitals and recreation centers. The Commission must approve all advertising prior to release and tobacco advertising may not show consumption of tobacco products. In addition, one warning must occupy 5% of the upper portion of the advertising space and another must occupy 5% of the lower portion of the advertising space, for a total of 10% of the advertising space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via billboards, posters and other means of 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:

Tobacco advertising at point of sale is allowed. The Commission must approve all advertising prior to release and tobacco advertising may not show consumption of tobacco products. In addition, one health warning is required on the upper portion and another health warning on the lower portion of any written advertisement, each occupying 5% of the ad space for a total of 10% of the ad space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship at the point of sale.

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. Therefore the law is interpreted as allowing point of sale product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship including point of sale product displays.

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. Therefore 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

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

Tobacco advertising delivered through conventional mail is allowed. As with all advertising, the Commission must approve the advertising prior to distribution and the tobacco advertising may not show consumption of tobacco products. In addition, as with other print media, one health warnings is required on the upper portion of the advertisement and another health warning is required on the lower portion of the advertisement, each occupying 5% of the ad space for a total of 10% of the ad space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via conventional mail.

Telephone and cellular phone

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

The law does not address tobacco advertising via telephone and cellular phone. Although the law addresses advertising through “electronic media,” the definition of “electronic media” includes neon signs and internet only. Because the law does not address this type of advertising, the law is interpreted as allowing telephone and cellular phone advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via telephone and cellular phones.

Brand marking on physical structures

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

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 use of distinctive words, designs, images, or logos in outlets and venues to promote tobacco use could be considered “graphic media,” the definition of which includes “[e]verything done by means of shapes, symbols or expressions. . . .” Graphic advertising is allowed. However, the advertisement must carry one warning occupying 5% of the upper portion of the advertising space and another health warning occupying 5% of the lower portion of the advertising space.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.

Free distribution of tobacco products

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

The free distribution of cigarettes or any other goods or services that bear the name or trademark of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) with respect to the free distribution of tobacco products.

Promotions with a tobacco product purchase

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

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 does not prohibit promotional discounts, gifts, prizes, or rewards to consumers in conjunction with a tobacco product purchase. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.

Competitions associated with tobacco products

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

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law does not specifically address competitions associated with tobacco products. However, this is a type of sponsorship and the law does not prohibit sponsorship. Therefore, the law is interpreted as allowing competitions associated with tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.

Direct person to person targeting of individuals

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

The law does not prohibit the direct targeting of individuals through person-to-person means. Therefore, these practices are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship that directly targets individuals.

Brand stretching/trademark diversification

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

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The use of tobacco brand names or logos on non-tobacco products and services could be considered “graphic media,” the definition of which includes “[e]verything done by means of shapes, symbols or expressions. . . .” Graphic advertising is allowed. However, the advertisement must carry one warning occupying 5% of the upper portion of the advertising space and another health warning occupying 5% of the lower portion of the advertising space. It is unclear how this works in practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via brand stretching.

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 address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship, including reverse brand stretching.

Toys that resemble tobacco products

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

The law does not address the sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law does not address the sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of candy that resembles tobacco products.

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 in accordance with constitutional considerations.

Paid placement of tobacco products in TV, film or other media

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

Paid placement of tobacco products is allowed with health warnings. Paid placement of tobacco products could fall under: 1) the definition of “advertising through cinematic media,” which encompasses “all advertising projected in movie theaters or through similar media, or 2) “advertising through televised media,” which encompasses “all advertising transmitted by local, national, closed circuit and cable television, prescribed to be transmitted within the country.” For advertising through cinematic media, one health warning must occupy 5% of the upper portion of the advertising space and another health warning must occupy 5% of the lower portion of the advertising space. For advertising through televised media, a written health warning must be displayed for three seconds at the beginning and end of the television ad, and for the duration of the ad by teletext at the bottom of the screen.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the paid placement of tobacco products.

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 does not address unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in entertainment media in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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

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

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 does not address financial or other contributions that promote tobacco products or tobacco use. Therefore, the law is interpreted as allowing such contributions.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

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

The law does not address publicity of tobacco sponsorship. Therefore, the law is interpreted as allowing such publicity.

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

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

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 promotion by means that are false, misleading, or deceptive. Therefore, the law is interpreted as allowing misleading or deceptive promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.