Last updated: January 24th 2022

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 the "promotion of smoking" in "readable and audiovisual media." In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion on domestic TV and radio is banned.

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 prohibits the "promotion of smoking" in "readable and audiovisual media." In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is banned.

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 prohibits the "promotion of smoking" in "readable and audiovisual media." In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is banned.

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

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 law prohibits the "promotion of smoking" in "readable and audiovisual media." The law further specifies that the "import . . . of . . . publicity that promotes smoking" is banned. In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion is prohibited on international, as well as domestic, TV and radio.

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

International newspapers and magazines

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

The law prohibits the "promotion of smoking" in "readable and audiovisual media." The law further specifies that the "import . . . of . . . publicity that promotes smoking" is banned. In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion is prohibited in international, as well as 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 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 prohibits the “promotion of smoking” in “readable and audiovisual media.” In addition, a Ministry of Health decision further clarifies that “the ban on advertisement, sponsorship, and promotion of tobacco products includes all visual and printed media including newspapers and the web.” Therefore, tobacco advertising and promotion through internet communications is banned.

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

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

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

The law prohibits the use of tobacco product logos on "advertising banners of various kinds." In addition, the law further states that "paintings symbolizing smoking" are "prohibited on any part of any means of transport, walls and bridges." This is interpreted as prohibiting tobacco product logos or trademarks outdoors on transport, walls, and bridges. Finally, the law makes clear that the ban on promotion applies to "advertising offices," thereby making it unlawful to provide outdoor advertising space for tobacco products. In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Taken together, all forms of outdoor tobacco advertising are banned.

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 prohibits direct and indirect "promotion of smoking" in "readable and audiovisual media," which are means of promotion that could be used at point of sale. The law provides for no exception for point of sale. In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, the law is interpreted as prohibiting advertising and promotion at the point of sale.

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:

Directive No. 1, which implements the Anti-Smoking Act, requires retailers of tobacco products to keep tobacco "concealed and out of sight." Therefore, point of sale product display is prohibited.

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

Conventional mail

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

The law prohibits the "promotion of smoking" in "readable and audiovisual media." This provision prohibits tobacco advertising and promotion in any type of print media, which is necessarily involved in advertising via conventional mail. In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion by conventional mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits the “promotion of smoking” in “readable and audiovisual media.” In addition, a Ministry of Health decision clarifies that tall forms of tobacco advertising and promotion are prohibited. Therefore, tobacco advertising and promotion by telephone and cellular phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular 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 "logos of tobacco products and derivatives thereof on . . . traffic signals and advertising banners of various kinds" and "paintings symbolizing smoking . . . on any part of means of transport, walls or bridges." "Paintings symbolizing smoking" is interpreted to include words, designs, logos, colors and other images associated with tobacco products. In addition, a Ministry of Health decision clarifies that all forms of direct and indirect tobacco advertising and promotion are prohibited. Taken together, these provisions prohibit brand marking on entertainment venues, retail outlets, and vehicles.

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 "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting the free distribution of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines 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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting promotions with a tobacco product purchase.

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

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting competitions associated with tobacco products.

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting direct person-to-person targeting of individuals

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of 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 the use of "logos of tobacco products and derivatives thereof on other products, such as hats, shirts, bags, umbrellas, traffic signals and advertising banners of various kinds." In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. Therefore, brand stretching is prohibited.

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting reverse brand stretching.

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 and manufacture of imitation tobacco products.

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 and manufacture of imitation tobacco products.

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This is interpreted as prohibiting retailer incentive programs.

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

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 the "promotion of smoking" in "readable and audiovisual media." In addition, a Ministry of Health decision clarifies that all forms of tobacco advertising and promotion are prohibited. This is interpreted as prohibiting paid placement of tobacco products in TV, film, and other media.

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

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:

If a local channel televises a person smoking (not in exchange for profit of publicity), the channel must either display for thirty seconds an information warning bar on the dangers of smoking (for each occurrence in a segment) or provide a distraction from the smoking in the scene.

FCTC Art. 13 Guidelines paras. 29-31 address unpaid depiction of tobacco use or tobacco products. The 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 and products in the manner suggested in the Art. 13 Guidelines.

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This includes “joint community sponsorship activities conducted by the tobacco industry.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, and government, including "corporate social responsibility" activities.

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 the "promotion of smoking" in "readable and audiovisual media." A Ministry of Health decision goes further and states that this ban includes “all advertisement, sponsorship, and promotion activities in all of its types and forms, directly or indirectly, with the current means or in any other future means.” This includes “joint community sponsorship activities conducted by the tobacco industry.” Therefore, there can be no publicity of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial 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 on cigarette packages any deceptive promotional statements, references, or information to convince the consumer that they are not harmful to health. In addition, there is a ban on tobacco advertising and promotion. Taken together, these provisions effectively prohibit promotion by any means that are false, misleading, deceptive of likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading, or deceptive means.