LANGUAGE
Last updated: September 17th 2019

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.
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Analysis:

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC, which in turn prohibits all tobacco advertising on radio. The Broadcasting Authority of Ireland (BAI) General Commercial Communications Code prohibits all commercial communications (which includes advertising, sponsorship, teleshopping and product placement) concerning cigarettes and tobacco on any broadcast in Ireland. In addition, the BAI Codes states that all commercial communications must comply with Directive 2010/13/EU, which prohibits commercial communications for cigarettes and other tobacco products on audiovisual media service. Thus, tobacco advertising is banned on 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 domestic TV and radio and other domestic broadcast.

Domestic newspapers and magazines

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

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC. The EC Directive prohibits all tobacco advertising in domestic printed media, except for trade publications. Further, SI No. 215/2000 amended the 1991 Regulations (SI No. 326/1991) to prohibit tobacco ads in print publications and repeal the earlier exemption that allowed such ads.

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.
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Analysis:

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC. The EC Directive prohibits all tobacco advertising in all domestic printed media, except for trade publications. Therefore, tobacco advertising on pamphlets, leaflets, flyers, posters, and signs is prohibited. There is an exemption for domestic print media at point of sale for shops that sell only tobacco products or other retail shops that sell tobacco products but not cigarettes. Because the point of sale exception is analyzed under a separate category, the regulatory status code of “Banned” is used here rather than “Some Restrictions.”

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

International TV and radio (including all broadcast media such as satellite and cable)

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.
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Analysis:

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC, which in turn prohibits all tobacco advertising on radio. The EU Audiovisual Media Services Directive (Directive 2010/13/EU), which applies to all EU countries, prohibits audiovisual commercial communications (including TV) for tobacco products. Taken together, these provisions prohibit tobacco advertising on international TV and radio and other broadcast media originating in any EU country and broadcast into Ireland. Because the law is silent as to international TV and radio originating outside an EU country, the regulatory status “Some Restrictions” is given, rather than “Banned.”

Because the EU directives restrict tobacco advertising and promotion on international broadcast media, 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 on all international TV and radio, regardless of the country of origin.

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.
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Analysis:

Section 4 of the Public Health (Tobacco) Act (PHA) 2009, amending Sec. 35 of PHA 2002, prohibits tobacco advertising in publications printed, published, and primarily intended for sale or distribution in a European Community member state. However, publications printed and published outside the EU, and intended for sale or distribution outside the EU, are permitted. This law implements Directive 2003/33/EC.

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 more 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 magazine, regardless of the country of origin.

Internet communications

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.
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Internet communications (not sales)

Analysis:

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC. The EC Directive provides that "[a]dvertising that is not permitted in the press and other printed publications shall not be permitted in information society services." Under the Directive, advertising is prohibited in print media published in EU member states and print media published outside the EU but aimed at the EU member states. The law is, therefore, interpreted as prohibiting tobacco advertising on internet communications from providers based in EU member states and/or targeting the public of EU member states. However, tobacco advertising based outside of EU member states and targeting the public outside of EU member states is allowed.

Because the law restricts but does not prohibit all tobacco advertising via internet communications, 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 more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising via all internet communications, regardless of the country of origin.

Internet tobacco product sales

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.
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Analysis:

Section 8 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 37 of PHA 2002, prohibits the sale of tobacco except in accordance with Sec. 37. Section 37 requires a domestic retail seller of tobacco products to register with the Health Service Executive. The European Union Regulations 2016 require cross-border retail sellers of tobacco products (those located in Ireland and targeting a market outside Ireland but within the EU, as well as those located outside Ireland and targeting a market within Ireland) to register with the Health Service Executive. In addition, operators of cross-border sales must "operate an age verification system, which verifies, at the time of the sale of the tobacco product, that the purchasing consumer has attained the age of 18 years" and provide a description of this system to the Health Service Executive. Retailers cannot sell tobacco products via the internet to consumers located in a Member State where such sales are prohibited. There are no other restrictions on internet tobacco product sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all sales of tobacco product via the internet should be banned as inherent advertising. FCTC Art. 13 Guidelines para. 19 states: “The ban should apply not only to entities that sell the products but also to others, including credit card companies that facilitate payment and postal or delivery services for the products.”

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

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

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC. The EC Directive prohibits all tobacco advertising in all domestic printed media. Therefore, tobacco advertising on outdoor 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

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.
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Point of sale advertising/promotion (other than product displays)

Analysis:

Section 5 of the Public Health (Tobacco) Act (PHA) 2004, adding Sec. 33A to PHA 2002, prohibits tobacco advertising at point of sale. “Advertising,” for purposes of this section, includes “every form of recommendation of the [tobacco] product to the public.” This provision came into force July 1, 2009. PHA 2009, amending Sec. 35 of PHA 2002, provides an exemption to the advertising ban inside point-of-sale for retail businesses that either solely sell tobacco products, or in part sell tobacco products but do not sell cigarettes. PHA 2009 also permits a pictorial list containing visual images of tobacco packages at duty-free shops in airports. Because of these exemptions, the regulatory status “Some Restrictions” is given.

(Note that SI No. 326/1991, which originally allowed advertising at point of sale and in duty-free shops, was amended by SI No. 243/2009 and PHA 2009 to repeal these exemptions.)

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising, including at all point of sale locations.

Point of sale product display

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

Section 14 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 43 of PHA 2002, requires that tobacco products at point of sale be kept in a closed container that is not visible or accessible to the public. Product Information Regulations issued under this provision, which came into effect July 2009, allow a retailer to show a customer one packet only of each tobacco product sold by him/her or to display a pictorial list of each product sold.

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

Vending machines

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.
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Analysis:

Section 14 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 43 of PHA 2002, allows vending machines in licensed clubs or premises licensed for the sale of alcohol, as set forth in the regulations. The regulations allow vending machines in areas of a premises generally attended by, and within sight of, staff members, and where the vending machine is activated by a disc or card provided by a staff member after verifying that the customer is at least 18 years of age.

The law aligns with FCTC Art. 16 with respect to sales to minors. Because vending machines are an inherent form of tobacco advertising, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco sales by vending machines.

Conventional mail

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

Section 5 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 33 of PHA 2002, prohibits tobacco advertising in contravention of Directive 2003/33/EC. The EC Directive prohibits all tobacco advertising in all domestic printed media, which includes printed information delivered by conventional mail.

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

Telephone and cellular phone

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

The 1991 Regulations (SI No. 326/1991) prohibit all tobacco advertising except in accordance with the regulations. The Regulations do not exempt advertising via telephone and cellular phone and therefore such advertising is prohibited.

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

Brand marking on physical structures

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

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 is silent as to brand marking; therefore, the law is interpreted as permitting brand marking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand marking.

Free distribution of tobacco products

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

Section 9 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 38 of PHA 2002, prohibits the free distribution of tobacco products to the public.

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

Promotions with a tobacco product purchase

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

Section 9 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 38 of PHA 2002, prohibits the supply of promotional gifts, tokens, trading stamps, coupons, or any other thing given as consideration for the purchase of a tobacco product. In addition, the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations prohibit the sale of tobacco products for free or at a reduced price when another tobacco product is purchased. The Public Health (Tobacco) (Control of Sales Promotion) Regulations also prohibit the promotion and sale of tobacco products at a reduced price in conjunction with the purchase of a tobacco product or other product or service.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

Section 7 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 36 of the PHA 2002, prohibits the giving of financial consideration or other assistance in exchange for the association of an event with a tobacco product, manufacturer, brand name, trademark, or other image or logo used in marketing a tobacco product. Thus, competitions associated with tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Direct person to person targeting of individuals

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

The 1991 Regulations (SI No. 326/1991) prohibit all tobacco advertising and promotion except in accordance with the Regulations. The Regulations do not exempt promotion by direct person-to-person means, and therefore this form of promotion is prohibited.

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

Brand stretching/trademark diversification

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

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; therefore, the law is interpreted as allowing brand stretching.

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

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

Toys that resemble tobacco products

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

Section 9 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 38 of PHA 2002, prohibits the sale of candy that resembles tobacco products but does not address toys that resemble tobacco products. Therefore, the law is interpreted as allowing toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of toys that resemble tobacco products.

Candy that resembles tobacco products

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

Section 9 of Public Health (Tobacco) Act (PHA) 2004, amending Sec. 38 of PHA 2002, prohibits the sale of candy that resembles tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Retailer incentive programs

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

Section 7 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 36 of PHA 2002, prohibits the giving of financial or other assistance for the benefit of a person, in consideration of the promotion of a tobacco product. This provision is interpreted as prohibiting retailer incentive programs, as this involves giving financial or other assistance to retailers in exchange for promotion of a tobacco product.

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

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 Broadcasting Authority of Ireland (BAI) General Commercial Communications Code prohibits all commercial communications, which includes product placement, concerning cigarettes and tobacco on broadcast media. Further, the BAI Code states that all commercial communications must comply with Directive 2010/13/EU, which prohibits commercial communications (including product placement) for cigarettes and other tobacco products on audiovisual media services. In addition, the EC Audiovisual Regulations 2010 prohibits tobacco sponsorship and tobacco product placement in on-demand media. None of these laws, however, covers the medium of film and therefore the regulatory status code “Some Restrictions” is given, rather than “Banned.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all paid placement in all media, including in film.

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

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

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 does not address unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use and tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 giving financial or other assistance in consideration for the promotion of a tobacco product or tobacco company.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products. For better clarity, the law should prohibit sponsorship that promotes tobacco usage, in addition to tobacco products.

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.
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Analysis:

All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.
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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 1991 Regulations (SI No. 326/1991) prohibit tobacco advertising that claims or implies that a tobacco product is less harmful than another or that an additive or component of a tobacco product renders it less harmful than another. The EC Regulations 2003 further prohibit the use on product packaging of text, names, trademarks, and figurative or other signs suggesting that a particular tobacco product is less harmful than another.

The Regulations align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false or misleading.