LANGUAGE
Last updated: June 4th 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 law prohibits the "promotion of smoking" in "readable and audiovisual media." Therefore, tobacco advertising and promotion in 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." 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." 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. 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. 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

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

Internet communications (not sales)

Analysis:

The law prohibits the "promotion of smoking" in "readable and audiovisual media." This provision could be interpreted as prohibiting tobacco advertising and promotion through internet communications, as these communications are "readable" media. However, Directive No. 1, which implements the Anti-Smoking Act, requires the Media and Communications Authority to monitor compliance with the ban on TV and radio advertising of tobacco products, but does not mention internet communications. Therefore, it appears that internet communications may not be covered by the ban. Because of these potentially conflicting provisions, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including through internet communications. 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.

Internet tobacco product sales

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

The law does not address the sale of tobacco products through the internet. Therefore, the law is interpreted as allowing internet tobacco product sales.

The FCTC Art. 13 Guidelines state: "Internet sales of tobacco inherently involve advertising and promotion." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including internet tobacco product sales. 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 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. 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.

Law Source, Section

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. 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.

Vending machines

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

The law does not address the sale of tobacco products by vending machine. Therefore, the law is interpreted as allowing the sale of tobacco through vending machines.

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 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. 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

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

Although the law prohibits the "promotion of smoking" in "readable and audiovisual media," it does not address tobacco advertising and promotion by other forms of electronic media. Therefore, telephone and cellular phone communication appear to escape the tobacco advertising and promotion ban. The regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including by telephone and cellular phone. 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 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. 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

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 does not specifically address free distribution of tobacco products. The law prohibits "the promotion of smoking," although the law does not define what qualifies as "promotion." It is not clear whether the free distribution of tobacco products would be considered a form of promotion 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 clearly prohibit the free distribution of tobacco products and should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in FCTC Art. 1.

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:

While the law prohibits "the promotion of smoking," this provision is applicable only to "readable and audiovisual media; cultural and sports institutions; publishing and distribution houses; and advertising offices." Promotions with a tobacco product purchase are not addressed and, therefore, the law is interpreted as allowing this practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including promotions with a tobacco product. 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

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:

While the law prohibits "the promotion of smoking," this provision is applicable only to "readable and audiovisual media; cultural and sports institutions; publishing and distribution houses; and advertising offices." Competitions associated with tobacco products are not addressed and, therefore, the law is interpreted as allowing this practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including competitions associated with tobacco products. 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

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

While the law prohibits "the promotion of smoking," this provision is applicable only to "readable and audiovisual media; cultural and sports institutions; publishing and distribution houses; and advertising offices." Direct person-to-person targeting of individuals is not addressed and, therefore, the law is interpreted as allowing this practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person-to-person targeting of individuals. 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 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." 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

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

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

Analysis:

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing this practice.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching. 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

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

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 address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs. 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 prohibits the "promotion of smoking" in "readable and audiovisual media." 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. 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

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

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

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 does not address tobacco industry sponsorship of events, activities, individuals, organizations, or governments. Therefore, the law is interpreted as allowing tobacco industry sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship of events, activities, individuals, organizations, and government, including "corporate social responsibility" activities and youth tobacco use prevention programs. 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

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 "promotion of smoking" through "readable and audiovisual media; cultural and sports institutions; publishing and distribution houses; and advertising offices." This provision prohibits publicity of sponsorship in these forms, places, and by these agents. However, other forms of publicity of financial sponsorship are allowed. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial and other forms of sponsorship by the tobacco industry. 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

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

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 does not address promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.