LANGUAGE
Last updated: June 1st 2020

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:

Under the law, “all types of advertising by radio, TV, written media, or billboards for tobacco and its products, and sponsored advertising to minors are prohibited.” The law does not distinguish between forms of television broadcasting (satellite, cable, etc.). Therefore, the law is interpreted as banning tobacco advertising on domestic TV, radio, and other broadcast media, including satellite and cable.

Because the defined term under the law is “advertising and promotion,” the ban is interpreted as prohibiting all advertising and promotion via domestic broadcast media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV, radio, and other broadcast media.

Domestic newspapers and magazines

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

Under the law, “all types of advertising by radio, TV, written media, or billboards for tobacco and its products, and sponsored advertising to minors are prohibited.” Under this provision, advertising and promotion in domestic newspapers and magazines is banned as a form of written media. Because the defined term under the law is “advertising and promotion,” the ban is interpreted as prohibiting all advertising and promotion via written media.

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:

Under the law, “all types of advertising by radio, TV, written media, or billboards for tobacco and its products, and sponsored advertising to minors are prohibited.” Under this provision, advertising and promotion in other domestic print media is banned as a form of written media. Because the defined term under the law is “advertising and promotion,” the ban is interpreted as prohibiting all advertising and promotion via written media.

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:

Under the law, “all types of advertising by radio, TV, written media, or billboards for tobacco and its products, and sponsored advertising to minors are prohibited.” However, it is uncertain whether this ban applies to international TV, radio, and other broadcast media such as satellite and cable.

Notably, the law requires that the Ministry of Foreign Relations promote agreements with international States to eradicate cross-border tobacco advertising, promotion and sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising and promotion to cross-border TV, radio, and other broadcast media.

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:

Under the law, “all types of advertising by radio, TV, written media, or billboards for tobacco and its products, and sponsored advertising to minors are prohibited.” The law is silent as to whether the ban applies to cross-border print media. The ban would likely be interpreted to include print media advertising entering Honduras because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from Honduras. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

Notably, the law requires that the Ministry of Foreign Relations promote agreements with international States to eradicate cross-border tobacco advertising, promotion and sponsorship.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion.

Internet communications

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

Internet communications (not sales)

Analysis:

The law does not prohibit tobacco advertising and promotion via internet communications. 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 via internet communications.

Internet tobacco product sales

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

Article 14 of the law specifically prohibits the sale of tobacco-derived products over the internet, which also specifically includes electronic cigarettes. In addition, the law and regulations prohibit delivery of tobacco products by mail, messengers, or any other indirect means.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting 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 specifically prohibits advertising of tobacco products on billboards. In addition, the law prohibits advertising by “written media,” which would cover other types of outdoor advertisements such as posters. Because the defined term under the law is “advertising and promotion,” the ban is interpreted as prohibiting all advertising and promotion via outdoor advertisements.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via 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 and promotion is not addressed specifically under the law. It is unlikely that the listed forms of advertising and promotion that are banned encompass point of sale advertising and promotion. Moreover, in practice, advertising at points of sale is permitted.

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.

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:

Point-of-sale product displays are restricted under the law. Article 16 requires that sellers of tobacco-derived products locate their products in a place that is not directly accessible to the end consumer. This restricts the use of product displays as means of advertising and promotion. In practice, products are frequently displayed above the cash register and, at times, still within reach of the consumer.

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 all product displays at points of sale.

Vending machines

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

Article 14 of the law specifically bans the use of automatic vending machines and self-service dispensers for tobacco-derived products, including electronic cigarettes. All automatic vending machines were required to be withdrawn when the regulations entered into force on December 14, 2011.

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

Conventional mail

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

All advertisement by “written media” is expressly banned, which would include any advertisement material sent via conventional mail. In addition, Art. 14 of the law specifically prohibits deliveries of tobacco products by mail. Because the defined term under the law is “advertising and promotion,” the ban is interpreted as prohibiting all advertising and promotion via conventional mail.

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

Telephone and cellular phone

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

The law does not specifically address tobacco advertising and promotion via telephone and cellular phone. Therefore, this type of advertising and promotion is permitted. 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 by telephone and cellular phone.

Brand marking on physical structures

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.

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 does not specifically address brand marking as a means of advertising and promotion. In addition, there is no broad ban on advertising and promotion. Therefore, brand marking is permitted, although subject to some restrictions. Article 23 prohibits “written media,” and although this term is not defined, it is interpreted to ban the use of distinctive words and logos to promote tobacco products. In addition, the law restricts how “elements of business identification” (e.g., brand name, logo, etc.) may be used, prohibiting their association with images of healthy persons, texts, or any other means of transmission that may lead to tobacco use or that alludes to personal or environmental states of well-being.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should apply a comprehensive ban to all tobacco advertising and promotion, including all forms of brand marking.

Law Source, Section

Free distribution of tobacco products

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 does not completely ban the free distribution of tobacco products, although the practice is restricted. Article 16 of the law prohibits the distribution of tobacco products to persons less than twenty-one years of age. As a result of this restriction, the law meets FCTC Art. 16 concerning sales to minors.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any distribution of tobacco products as samples or giveaways.

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:

There is no express ban on promotional discounts, gifts, prizes, or rewards to consumers in conjunction with a tobacco product purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit discount, gifts, and prizes as part of a comprehensive ban on tobacco advertising and promotion.

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 provide any express restrictions on competitions associated with tobacco products or brand names.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco promotion, including competitions associated with tobacco products or brand names.

Direct person to person targeting of individuals

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

The law does not contain any express provisions addressing the direct targeting of individuals with promotional information. Therefore, the law is interpreted as allowing direct person-to-person marketing.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should apply a comprehensive ban to all tobacco advertising and promotion, including all forms of direct targeting.

Brand stretching/trademark diversification

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.

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

Analysis:

The law does not address brand stretching specifically. However, the law restricts how “elements of business identification” (e.g., brand name, logo, etc.) may be used, prohibiting their association with images of healthy persons, texts, or any other means of transmission that may lead to tobacco use or that alludes to personal or environmental states of well-being. This provision restricts the types of non-tobacco products or services with which elements of business identification may be associated.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should apply a comprehensive ban to all tobacco advertising and promotion, including all forms of brand stretching.

Reverse brand stretching or brand sharing

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.

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

Analysis:

The law does not address reverse brand stretching specifically. However, the law restricts how “elements of business identification” (e.g., brand name, company or brand logo, etc.) may be used, prohibiting their association with images of healthy persons, texts, or any other means of transmission that may lead to tobacco use or that alludes to personal or environmental states of well-being. This provision restricts the types of non-tobacco merchandise or services that may be associated with tobacco brands in such a way that implies personal or environmental health or well-being.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should apply a comprehensive ban to all tobacco advertising and promotion, including all forms of reverse brand stretching.

Law Source, Section

Toys that resemble tobacco products

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

The law specifically bans the manufacture, importation, sale, and free distribution of toys or similar objects that resemble tobacco-derived products “which may be attractive to minors under 21 years of age.”

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 specifically bans the manufacture, importation, sale, and free distribution of “snack candy” that resembles tobacco-derived products “which may be attractive to minors under 21 years of age.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning 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:

There are no provisions addressing retailer incentive programs or other payments to encourage the sale of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion, including retailer incentive programs.

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

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:

Under the law, paid placement is not addressed specifically as a form of tobacco advertising or promotion. However, advertising by TV and radio is specifically banned under the law. Paid placement falls under the definition of “tobacco advertising and promotion” as articulated in Art. 5(18) as a form of commercial action “for the purpose, effect or possible effect of directly or indirectly promoting tobacco-derived products.” Therefore, paid placement is banned on TV and radio, but not necessarily via other media.

Paid placement directed to minors is also prohibited under Art. 23’s ban on “sponsored advertising” to minors. Although “sponsored advertising” is not defined, we interpret this term to mean “sponsorship.” Paid placement falls within the definition of “sponsorship,” which is defined as “any form of contribution to any action, activity or individual with the goal, effect or possible effect of directly or indirectly promoted tobacco use.” Under the law, therefore, sponsorship, including the paid placement of tobacco products, is banned insofar as it is directed to minors.

Because the advertising ban in Art. 23 is limited to certain media, paid placement in forms of media other than TV and radio may be permitted. Therefore, the law does not fully align with the FCTC. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising, promotion and sponsorship, including paid placement of tobacco products in all media.

Law Source, Section

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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.

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:

Unpaid depiction of tobacco use or tobacco products is not addressed directly by the law. The definition of “tobacco advertising and promotion” includes all types of communication, recommendation, and commercial action with the purpose, effect, or possible effect of directly or indirectly promoting tobacco. Article 23 prohibits all types of advertising (which includes all type of communications) by radio, television, written media, billboards and sponsorship aimed at minors. Therefore, a ban on the unpaid depiction of tobacco use or tobacco products is interpreted to cover these media.

FCTC Art. 13 Guidelines para. 29 acknowledges that unpaid depiction of tobacco products or use might continue to exist, even in the face of a comprehensive ban, if done pursuant to legitimate journalistic or artistic expression or legitimate commentary.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly ban any unpaid placement that is not a form of legitimate expression or legitimate commentary.

Law Source, Section

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 all types of sponsored advertising to minors. Tobacco sponsorship (patrocinio del tabaco) is defined as “any form of contribution to any action, activity, or individual with the goal, effect, or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco-derived products.” Note that the law only prohibits sponsored advertising (los patrocinios publicitarios) rather than the full scope of tobacco sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to individuals, organizations, events, or activities that that have the aim, effect, or likely effect of promoting tobacco products or use directly or indirectly, and regardless of whether targeted at adults or minors.

Law Source, Section

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 all types of sponsored advertising to minors. Tobacco sponsorship (patrocinio del tabaco) is defined as “any form of contribution to any action, activity, or individual with the goal, effect, or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco-derived products.” Note that the law only prohibits sponsored advertising (los patrocinios publicitarios) rather than the full scope of tobacco sponsorship. Additionally, the law does not prohibit sponsorship of organizations, such as charities.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof, regardless of whether targeted at adults or minors.

Law Source, Section

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 only false or misleading terms on product packaging. Article 20 prohibits printing false or misleading information on tobacco packaging that may create a false impression about the products’ risks or damaging health effects, or imply that a particular tobacco product is less harmful than another. This includes a prohibition on the use of terms such as “low tar content,” “light,” “ultra light,” and “smooth.” Article 23 of the law also limits how “elements of business identification” (e.g., brand name, logo, etc.) may be used. Identifying elements cannot be used in a manner so as to associate, combine, or superimpose the identifying element with “images of healthy persons, texts, or any other means of transmission or rational or subconscious perception that may lead to the use of tobacco or that allude to personal or environmental states of wellbeing.” However, the law does not include a broader prohibition on all forms of false, misleading, or deceptive advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression, as in Art. 13 Guidelines para. 39.