LANGUAGE
Last updated: March 16th 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:

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group”. 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 on domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Therefore, tobacco advertising in domestic newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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 all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Therefore, tobacco advertising in domestic print media such as pamphlets, leaflets, flyers, posters and signs is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in 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 prohibits all forms of advertising of tobacco and smoking accessories in Iceland. However, because the law does not explicitly state that the ban applies to cross-border or international media, it is uncertain whether the ban applies to international TV and radio. Therefore, the regulatory status code “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via international TV and radio is prohibited.

International 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:

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” However, the law explicitly exempts from the ban “advertisements in publications printed and published outside the European Economic Area, provided that they are primarily intended for distribution outside the area, and that their primary purpose is not the advertising of such products”. Because some international magazines and newspapers are exempt from the ban, the regulatory status code “Some Restrictions” is given.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of the country of origin and principal target market.

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 advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Therefore, tobacco advertising via internet communications is prohibited.

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

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 prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Arguably, this provision prohibits internet tobacco product sales as a “form of information” about tobacco aimed at the public. However, it is not clear that the ban on advertising was intended to address sales, and other provisions of the act do not address sales via the internet. Therefore, the regulatory status code “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, paragraph 18, the law should make clear that tobacco product sales via the internet are prohibited as an inherent form of advertising.

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 advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group, including . . . signs of any kind and comparable items . . .” Therefore, outdoor tobacco advertising is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 prohibits all forms of advertising of tobacco and smoking accessories in Iceland. The regulations further specify that this prohibit applies to point of sale advertising.

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

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 the display and visibility of tobacco products at retail points of sale. However, the law provides an exemption for specialist tobacco shops, which may display tobacco products in such a way that they are visible inside the shop but not from outside the shop.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display at all points of sale, including at specialist tobacco shops.

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 tobacco product sales from vending machines.

Conventional mail

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

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Therefore, tobacco advertising by conventional mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include “any form of information addressed to the public or to a specified target group.” Therefore, tobacco advertising by telephone and mobile phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by telephone or mobile 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 prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “any form of information addressed to the public or to a specified target group, including . . . signs of any kind and comparable items” and “all use of traditional tobacco trademarks (name and logo) or parts of them.” This is interpreted as prohibiting any brand marking of structures, vehicles or equipment with words, designs, images, logos or colors.

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 all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, the distribution of samples of goods to consumers. Therefore, the free distribution of tobacco products is prohibited.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and 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 all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “any form of information addressed to the public or to a specified target group, including product promotions.” This is interpreted as prohibiting all promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes and rewards to consumers.

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:

Competitions associated with tobacco products or brand names are prohibited under the ban on advertising and the ban on sponsorship. Specifically, under the ban on advertising, the law prohibits “any form of information addressed to the public or to a specified target group,” “all use of traditional tobacco trademarks (name and logo) or parts of them,” and “any form of media coverage of individual products for other purposes than to warn of their harmful effects.” All these provisions can be used to prohibit the advertising of competitions associated with tobacco products. In addition, the law prohibits “any form of contribution to an event or activity whose objective, or direct or indirect effect, is to promote tobacco.” This provision also could be applied to prohibit competitions associated with tobacco products if any form of contribution by the tobacco industry is involved.

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 all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “any form of information addressed to the public or to a specified target group.” This provision is interpreted as prohibiting direct person-to-person marketing to individuals.

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

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 advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “any form of information addressed to the public or to a specified target group, including . . . signs of any kind and comparable items” and “all use of traditional tobacco trademarks (name and logo) or parts of them.” This provision is interpreted as prohibiting brand stretching 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

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 placing “tobacco on the Icelandic market under trademarks that are known or used as trademarks for other goods or services.” Therefore, reverse brand stretching is prohibited.

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

Toys that resemble tobacco products

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

The law prohibits the import, manufacture or sale of toys or confectionery that is made to resemble cigarettes, cigars or pipes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys and candy 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 or sale of toys or confectionery that is made to resemble cigarettes, cigars or pipes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys and candy that resemble 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 specifically address retailer incentive programs. The ban on “advertising” applies to information addressed to the public, and the law specifically exempts from the ban information distributed to retailers. Therefore the ban on advertising is interpreted as not applying to the retailer incentive programs, and the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited.

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 advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “any form of information addressed to the public or to a specified target group,” “all use of traditional tobacco trademarks (name and logo) or parts of them,” and “any form of media coverage of individual products for other purposes than to warn of their harmful effects.” This definition is interpreted as encompassing paid placement, and therefore paid placement of tobacco products in TV, film and other media is prohibited.

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

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:

The law prohibits all forms of advertising of tobacco and smoking accessories in Iceland. “Advertising” is broadly defined to include, among other things, “all use of traditional tobacco trademarks (name and logo) or parts of them,” and “any form of media coverage of individual products for other purposes than to warn of their harmful effects.” This definition is interpreted as encompassing unpaid depiction of tobacco products but not unpaid depiction of tobacco use. Therefore, the regulatory status “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco products in TV, film and other media in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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 “any form of contribution to an event or activity whose objective, or direct or indirect effect, is to promote tobacco.” The law does not appear to prohibit contributions to individuals, organizations, or governments to promote tobacco.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should also prohibit all contributions to activities, individuals, organizations, or governments 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

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

The law prohibits “any form of contribution to an event or activity whose objective, or direct or indirect effect, is to promote tobacco,” so there can be no publicity of such sponsorship. The law does not appear to prohibit contributions to individuals, organizations, or governments to promote tobacco, nor does it explicitly allow or prohibit publicity of such contributions. However, the law generally prohibits all tobacco advertising, which would include publicity of tobacco sponsorships to individuals or organizations.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. For better clarity, 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 the use on tobacco packaging of texts, names, trademarks and figurative or other signs suggesting that the product is less harmful than other tobacco products. Although the law does not specifically address advertising or promotion by means that are false or misleading, the law contains a comprehensive ban on tobacco advertising and promotion. Therefore, together these provisions prohibit promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.