LANGUAGE
Last updated: February 5th 2021

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 Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes “television and radio (including terrestrial and satellite).”

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

Domestic newspapers and magazines

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

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, newspapers, magazines …).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

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 Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, … pamphlets, leaflets, flyers, letters, billboards, posters, signs).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other print media.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

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.
Analysis:

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law applies to cross-border advertising, defined as that which originates within a territory and enters or could be received in another territory by broadcasts or other communication technologies. The law provides examples of prohibited forms of advertising, which includes “television and radio (including terrestrial and satellite).”

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

Law Source, Section
Secs. 2, 19(1), 19(5); Second Schedule, Sec. 1(a)

International newspapers and magazines

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

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law applies to cross-border advertising, defined as that which originates within a territory and enters or could be received in another territory. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, newspapers, magazines …).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law applies to both domestic and cross-border advertising, with “cross-border” defined as that which originates within a territory and enters or could be received in another territory by means such as placement on the internet. The law provides examples of prohibited forms of advertising, which includes communication through digital communication platforms such as the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.

Law Source, Section
Secs. 2, 19(1); Second Schedule, Sec. 1(a)

Internet tobacco product sales

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

The law prohibits the sale of tobacco products over the internet or by any other means where the retailer and purchaser are not in the same physical location.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines regarding the sale of tobacco products over the internet.

Law Source, Section
Sec. 30(1); Second Schedule, Sec. 1(q)

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

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes communication through print, including billboards, posters, and signs.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

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 prohibits all forms of tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion at points of sale 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

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law specifically prohibits the display of any tobacco advertising, promotion or sponsorship, including tobacco product display at retail points of sale.

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

Law Source, Section
Secs. 19(1), 19(2)(c); Second Schedule, Sec. 1(p)

Vending machines

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

The law specifically prohibits the sale or display of a tobacco product through an automatic vending machine.

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 prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes flyers, leaflets, and letters, as well as direct targeting of individuals with direct mail.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a), 1(i)

Telephone and cellular phone

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes “communications through audio means, such as  other digital communication platforms (such as … mobile phone).” 

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(a)

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 all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes brand marking by use of words, designs, images, sounds, and colors, including in entertainment venues, retail outlets, and on vehicles and equipment.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(b)

Free distribution of tobacco products

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes the supply or offer of free samples of tobacco products, including in conjunction with marketing surveys and taste testing.

The law aligns FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to free distribution of tobacco products.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(f)

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 forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes the provision or offer of prizes, gifts, or discounted products such as t-shirts, baseball hats, key rings, cigarette lighters, or other trinkets with the purchase of tobacco products.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 1(e)

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 forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(h)

Direct person to person targeting of individuals

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, consumer surveys or research, and person-to-person conversations.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(i)

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 all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes brand stretching, including the placement of indicia (including logos, slogans, trademarks or brand names) associated or likely to be associated with a tobacco product, manufacturer, or seller on non-tobacco products.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(c)

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 prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes product diversification through reverse brand stretching and brand sharing.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(c)

Toys that resemble tobacco products

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

The law prohibits the import, manufacture, sale, and display of any toy or other non-tobacco item or object in the form of a tobacco product or which imitates or suggests the appearance of a tobacco product in whole or in part.

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 the import, manufacture, sale, and display of any sweet, snack or other non-tobacco item or object in the form of a tobacco product or which imitates or suggests the appearance of a tobacco product in whole or in part.

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 prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes payments or other contributions to retailers to encourage or induce them to sell tobacco products, including retailer incentive programs such as rewards to retailers for achieving certain sales volumes.

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

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(k)

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 all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes product placement, such as the inclusion of, or reference to a tobacco product, service, or trademark in the context of communication in return for payment or other consideration.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in media.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(d)

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 prohibits all forms of tobacco advertising, promotion and sponsorship. The law does not apply to depictions of tobacco products or tobacco use in media where the depiction is purely incidental or is justified by reasons of historical accuracy or legitimate journalistic, artistic or academic expression. Therefore, depictions in the media that do not serve the above legitimate purposes are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid placement that does not serve a legitimate purpose.

Law Source, Section

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 forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, promotion and sponsorship, which includes the provision of financial or other support to events, activities, individuals, or groups, such as sporting or arts events, teams or artists, public interest organizations, government institutions, political events, or politicians. The law specifically mentions corporate social responsibility activities of any kind. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events.

Law Source, Section
Sec. 19(1); Second Schedule, Sec. 2(m)

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 forms of tobacco advertising, promotion and sponsorship. Therefore, there can be no publicity of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the publicity of tobacco sponsorship.

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 any other terms in any language or signs suggesting or likely to suggest misleading terms. The law contains a comprehensive ban on tobacco advertising, promotion and sponsorship. Therefore, there can be no advertising or promotion by means that are false, misleading, or deceptive. In addition, the law prohibits the promotion of tobacco products with any packaging or labeling that is false, misleading, deceptive, or likely to create an erroneous impression about the product’s characteristics, health effects, hazards or emissions. This includes descriptors, colors, trademarks and terms such as “low tar”, “light”, and “mild”, among others. 

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.

Law Source, Section