LANGUAGE
Last updated: October 13th 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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion on radio and television.

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.

Domestic newspapers and magazines

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

The law broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion by printed press. This includes domestic newspapers and magazines.

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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion by "print press" and "posters, advertising billboards, leaflets, and signs." This is interpreted as including all domestic print media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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:

The law broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion on radio on television. However, the law does not explicitly address international or cross-border TV and radio. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to cross-border, as well as domestic, tobacco advertising and promotion, including international 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:

The law broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion by print press, such as domestic newspapers and magazines. However, the law does not explicitly address international or cross-border newspapers and magazines. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to cross-border, as well as domestic, tobacco advertising and promotion, 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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion on "internet websites." Although the law does not specifically address email communications or define "tobacco advertising and promotion," it is interpreted as prohibiting advertising via email as well.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via internet communications. For greater clarity, the law should specify that tobacco advertising via email is prohibited and define "tobacco advertising and promotion" in accordance with the definition in the FCTC.

Internet tobacco product sales

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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion on "internet websites." Internet tobacco product sales are an inherent form of advertising. Therefore, the provision banning tobacco advertising and promotion via internet websites could be interpreted as prohibiting internet tobacco product sales. However, because the law does not contain a definition of "tobacco advertising and promotion," it is uncertain whether the drafters of the law intended to cover internet sales under the ban on internet tobacco advertising. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that internet tobacco product sales are prohibited as an inherent form of advertising. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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

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

The law broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion "by posters, advertising billboards, leaflets and signs" and "projections or advertisements in venues of spectacles and other public places." 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.

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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion by "posters . . . leaflets and signs," "signs and posters indicating tobacco shops," and "generally speaking, by any means of communication intended to be read, seen or heard by more than one person at a time." The first two of these prohibitions captures most forms of point of sale advertising and promotion. Any other forms are captured by the catch-all clause prohibiting any mean of communication intended to be seen or heard by more than one person. Therefore, all point of sale advertising and promotion is prohibited.

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

Point of sale product display

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 broadly prohibits all advertising and promotion of tobacco products, including "by any means of communication intended to be read, seen or heard by more than one person at a time." Point of sale product display is an inherent form of advertising and is generally seen by more than one person at a time. Therefore, this provision could be interpreted as prohibiting point of sale product display. However, because the law does not contain a definition of "tobacco advertising and promotion," it is uncertain whether the drafters of the law intended to cover point of sale product display under the ban on tobacco advertising and promotion. Therefore, the regulatory status "Uncertain" is given.

The FCTC Art. 13 Guidelines state: "Display and visibility of tobacco products at points of sale constitutes advertising and promotion and should therefore be banned." Therefore to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that point of sale tobacco product display and visibility is prohibited. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in line with the definition provided in the FCTC.

Vending machines

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 broadly prohibits all advertising and promotion of tobacco products, including "by any means of communication intended to be read, seen or heard by more than one person at a time." The sale of tobacco by vending machine is an inherent form of tobacco advertising and is generally seen by more than one person at a time. Therefore, this provision could be interpreted as prohibiting vending machine sales. However, because the law does not contain a definition of "tobacco advertising and promotion," it is uncertain whether the drafters of the law intended to cover vending machines under the ban on tobacco advertising and promotion. Therefore, the regulatory status "Uncertain" is given.

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 broadly prohibits all advertising and promotion of tobacco products, and expressly prohibits tobacco advertising and promotion by "posters [and] leaflets" and "print press." Because tobacco advertising by conventional mail necessarily involves leaflets and/or printed material, these provisions are interpreted as prohibiting tobacco advertising by conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. To clarify the scope of the ban and aid in enforcement, the law should specifically ban tobacco advertising by conventional mail and define "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Telephone and cellular phone

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

The law broadly prohibits all advertising and promotion of tobacco products. Although the law does not specifically address telephone or cellular phone, it is interpreted as prohibiting tobacco advertising via phones.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via phone. For greater clarity, the law should specify that tobacco advertising via telephone and cellular phone is prohibited and define "tobacco advertising and promotion" in accordance with the definition in the FCTC.

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 broadly prohibits all advertising and promotion of tobacco products. The law further states that "[a]ny publicity or advertising for a tobacco product and/or tobacco derivatives that through its language, graphic appearance, shape, combination of colors or logo, . . . that constitute direct or indirect advertising for the said products addressed to the public, is strictly prohibited." This provision is interpreted as prohibiting distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment.

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 free distribution of tobacco products.

Promotions with a tobacco product purchase

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

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 broadly prohibits "promotional activity" for tobacco products. However, because the law does not contain a definition of "promotional activity," it is not clear whether promotions in conjunction with a tobacco product purchase would be considered a form of advertising under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including promotions with a tobacco product purchase. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Competitions associated with 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.

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

Analysis:

The law broadly prohibits "promotional activity" for tobacco products. However, because the law does not contain a definition of "promotional activity," it is not clear whether competitions associated with tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including competitions associated with tobacco products. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Direct person to person targeting of individuals

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 broadly prohibits all advertising and promotion of tobacco products. However, because the law does not contain a definition of "advertising" or "promotional activity," it is not clear whether competitions associated with tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including by direct person-to-person marketing. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 broadly prohibits all advertising and promotion of tobacco products. The law further states that "[a]ny publicity or advertising for a tobacco product and/or tobacco derivatives that through its language, graphic appearance, shape, combination of colors or logo, . . . that constitute direct or indirect advertising for the said [tobacco] products addressed to the public, is strictly prohibited." This provision is interpreted as prohibiting the use of tobacco brand names, logos, or other indicia on non-tobacco products.

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

Reverse brand stretching or brand sharing

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

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

Analysis:

The law broadly prohibits "advertising" and "promotional activity" for tobacco products. However, because the law does not contain a definition of "advertising" or "promotional activity," it is not clear whether reverse brand stretching would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including reverse brand stretching. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided 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 broadly prohibits "promotional activity" for tobacco products. However, because the law does not contain a definition of "promotional activity," it is not clear whether toys that resemble tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including toys that resemble tobacco products. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 broadly prohibits "promotional activity" for tobacco products. However, because the law does not contain a definition of "promotional activity," it is not clear whether candy that resembles tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including candy that resembles tobacco products. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Retailer incentive programs

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

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 broadly prohibits all advertising and promotion of tobacco products. However, because the law does not contain a definition of "advertising" or "promotional activity," it is not clear whether retailer incentive programs would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including retailer incentive programs. In addition, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 broadly prohibits all advertising and promotion of tobacco products, including "by any means of communication intended to be read, seen or heard by more than one person at a time, as well as individual broadcasts addressed to several people." We interpret this to include paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 media.

The FCTC Art. 13 Guidelines state: "Parties should take particular measures concerning the depiction of tobacco in entertainment media products, including requiring certification that no benefits have been received for any tobacco depictions, prohibiting the use of identifiable tobacco brands or imagery, requiring anti-tobacco advertisements and implementing a ratings or classification system that takes tobacco depictions into account."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco use in the manner suggested in FCTC Art. 13 Guidelines paras. 29-31.

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 "any kind of sponsorship, underwriting or promotion of tobacco or tobacco products." This provision is interpreted as prohibiting all tobacco industry sponsorship - financial or otherwise - of events, activities, individuals, organizations or governments.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco sponsorship" in accordance with the definition provided in the FCTC.

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 "any kind of sponsorship, underwriting or promotion of tobacco or tobacco products." This provision is interpreted as prohibiting all tobacco industry sponsorship - financial or otherwise - of events, activities, individuals, organizations or governments. Therefore, there can be no publicity of sponsorship, financial support, or other support.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship and publicity thereof. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Promotion by any means that are false, misleading or deceptive

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.

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 the use on tobacco product packaging units of a term or statement that could give a false impression concerning their harmful effects on health. The law does not specifically address, however, misleading advertising and promotion other than on packaging. Because the law lacks definitions of key terms, it is possible that some forms of tobacco advertising and promotion may still be permitted under the law. Thus, false, misleading, or deceptive promotion may be possible. As a result, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit any promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression. In addition, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.