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:

The law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to advertising on domestic TV and radio. The definition of "advertisement" specifically includes by electronic means, which includes 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.

Domestic 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:

The law generally prohibits advertising a smoking product, subject to several exceptions. Advertising is permitted in newspapers and magazines only if the advertisement is not in a newspaper intended mainly for children or young people under the age of 18 or devoted primarily to health, sport, entertainment, pastime, or leisure. In addition, the advertisement must be accompanied by an announcement about the dangers of smoking (there are some situations in which the warning message can run on a different day within seven days of the date of the advertisement's publication). A person can make only one permitted advertisement per single edition of a single newspaper.

There are also content restrictions that apply to permitted advertisements in newspapers, including: a restriction that advertising not “praise” smoking; a restriction on the use of names or images of persons or animals, including cartoon images or animated figures (unless trademarked and marketed in Israel prior to the 2001 amendments entering into force); and a restriction on the use of pictures of fruit or plants.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion via 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:

The law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to advertising via other domestic print media. The definition of "advertisement" specifically includes advertisements in writing or in print. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via otehr 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.
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Analysis:

The law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to advertising on TV and radio. The definition of "advertisement" specifically includes by electronic means, which includes TV and radio. However, because the law does not explicitly address international TV and radio, the regulatory status code "Uncertain" is given.

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

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.
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Analysis:

The law generally prohibits advertising a smoking product, subject to several exceptions, including exceptions and restrictions for newspapers and magazines. However, because the law does not explicitly address whether these provisions apply to international newspapers and magazines as well, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco advertising and promotion via international newspapers and magazines.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

The law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to advertising via the internet. The definition of "advertisement" specifically includes by means of the internet. 

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

Internet tobacco product sales

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

The law does not specifically prohibit the sale of tobacco products by the internet. In fact, the provisions regulating point of sale product display specifically state that the ban on display does not apply to "a smoking product sold on the internet," suggesting that online shops exist. Therefore, the regulatory status code "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly state that internet sales of tobacco products are prohibited as inherently involving tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines paras. 18-19.

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

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

The law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to outdoor advertising. Therefore, all 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

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:

The law generally prohibits advertising a smoking product at points of sale, subject to several exceptions. Point of sale advertising is permitted at non-online shops that sell exclusively smoking products or exclusively smoking products and alcoholic beverages, provided that advertisements are not visible from outside the shop.

Permitted advertisements at these points of sale would also be subject to some content restrictions, specifically that advertising not: “praise” smoking; or use names or images of persons or animals, including cartoon images or animated figures (unless trademarked and marketed in Israel prior to the 2001 amendments entering into force); use pictures of fruit or plants.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion at all points of sale.

Point of sale product display

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

Currently, the law does not expressly prohibit point of sale product display; therefore, the law is interpreted as allowing point of sale product display.

Beginning January 8, 2020, the law will prohibit the display of smoking products at points of sale subject to several exceptions. The display ban will not apply to shops that sell exclusively smoking products or exclusively smoking products and alcoholic beverages provided that the products are not visible from outside of the shop, or that have a separate section for the sale of smoking products only provided that the products are not visible from other sections or outside of the shop.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the display and visibility of tobacco products at all points of sale.

Vending machines

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

The law prohibits vending machines for tobacco products.

The law aligns FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) with respect to vending machines.

Conventional mail

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:

The law generally prohibits advertising a smoking product, subject to some exceptions that apply to conventional mail. Specifically, the law permits an advertisement for a smoking product in writing only, no video or audio, to be delivered to a recipient over the age of 21 who has submitted a written request for such an advertisement. Thus, some advertising could be sent via conventional mail provided it meets these conditions. Such advertising cannot "praise" smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion by conventional mail.

Telephone and cellular phone

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:

The law generally prohibits advertising a smoking product, subject to some exceptions that apply to telephone and cellular phone. Specifically, the law permits an advertisement for a smoking product in writing only, no video or audio, to be delivered to a recipient over the age of 21 who has submitted a written request for such an advertisement. Thus, some advertising could be sent via text message provided it meets these conditions. Such advertising cannot "praise" smoking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion by conventional mail.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 generally prohibits advertising a smoking product, subject to several exceptions that do not apply to brand marking. Moreover, the definition of "advertisement for a smoking product" specifically includes "indirect advertisements" and "covert advertisements," categories into which brand marking would sometimes fall. Therefore, the law is interpreted as prohibiting brand marking.

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.
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Analysis:

The law prohibits the free distribution of tobacco products.

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

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:

The law prohibits the distribution of promotional gifts and the awarding of prizes in conjunction with the purchase of a tobacco product.

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

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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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law prohibits the marketing of tobacco products whose purchase comes with the right to participate in a competition or prize lottery. However, the law does not ban all competitions that do not require the purchase of tobacco products.

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

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 law generally prohibits advertising a smoking product, subject to several exceptions that do not apply to direct person-to-person targeting of individuals. The definition of "advertisement" specifically includes an oral advertisement. Thus, direct person-to-person targeting of individuals is prohibited.

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

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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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 manufacture and sale of a non-tobacco product with a name, nickname, or emblem identical or similar to a trademark or brand name of a smoking product that was already in existence when the non-tobacco product was named or associated with an emblem. Similarly, the law prohibits naming a business or commercial activity with a name or nickname identical or similar to a trademark or brand name of a smoking product that was already in existence when the business or commercial activity was named. These provisions are interpreted as prohibiting brand stretching.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law prohibits the use of a non-tobacco product brand name or trademark or an essentially similar brand name or trademark on a tobacco product if the tobacco product was first marketed after July 4, 2001. Similarly, the law prohibits the use of a non-tobacco brand name or trademark or essentially similar brand name or trademark on a smoking product other than a tobacco product if the smoking product was first marketed after March 8, 2019. Any reverse brand stretching that was taking place prior to those dates is grandfathered in to the law. Because reverse brand stretching is permitted in some cases, the regulatory status code "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all reverse brand stretching, regardless of whether the products were previously on the market.

Toys that resemble tobacco products

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

The law prohibits the manufacture and sale of toys and candy in the form of cigarettes.

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.
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Analysis:

The law prohibits the manufacture and sale of toys and candy in the form of cigarettes.

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:

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.
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Analysis:

The law generally prohibits advertising a smoking product, subject to several exceptions. These exceptions include "a work of art made with the purpose of promoting a smoking product, a trademark of a smoking product or a brand of a smoking product and displayed in public prior to the date of publication of Amendment No. 7 [January 8, 2019]." Aside from this limited exception, however, other paid placement appears to be prohibited under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all paid placement of tobacco products in TV, film, or other media without exception.

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.
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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 generally prohibits advertising a smoking product, subject to several exceptions. These exceptions include "a work of art or news report, investigative and documentary articles not made with the purpose of promoting a smoking product, a trademark of a smoking product or a brand of a smoking product, even if they include an advertisement for a smoking product." The provision goes on to clarify that the exception does not apply to a person who gave or received remuneration for the advertisement. Aside from these limited exceptions, however, other unpaid depiction appears to be prohibited under the law.

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

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

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
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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 generally prohibits advertising a smoking product, subject to several exceptions. The definition of "advertisement for a smoking product" includes the word "sponsorship," but sponsorship is not otherwise addressed in the law. Thus, without a definition of the term "sponsorship," the regulatory status is uncertain.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other contribution to any activity, individual, organization, or government that has 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

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

Because it is uncertain whether financial and other sponsorship is permitted, it is difficult to determine whether there may be any publicity of such sponsorship. As a result, the regulatory status code "Uncertain" is given.

If some sponsorship is permitted, any publicity of sponsorship would be subject to the restrictions on tobacco advertising generally. Most advertising is prohibited, subject to several exceptions which allow some advertising in newspapers, conventional mail, and via text message, among others.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco sponsorship and publicity thereof.

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 Consumer Protection Order prohibits the use of text, names, trademarks, graphic descriptions, or other markings on tobacco product packaging that imply that the tobacco product is less harmful than other tobacco products. This includes a prohibition on misleading terms such as light, ultra light, low tar, and mild. This prohibition, however, appears limited to tobacco product packages or outside packaging and labeling. Accordingly, the ban may not extend to all promotions (though most advertising is prohibited, subject to several exceptions). Therefore, the regulatory status code “Some Restrictions” is assigned.

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.