LANGUAGE
Last updated: April 20th 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 any licensed television or radio broadcaster from showing/playing any advertisements of tobacco products, including cigarette papers, tubes, and fillers.

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

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

The law does not address tobacco advertising and promotion in domestic newspapers and magazines. Therefore, the law is interpreted as allowing tobacco advertising in domestic print media.

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

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

The law does not address tobacco advertising and promotion in domestic print media such as pamphlets, leaflets, flyers, posters, and signs. Therefore, the law is interpreted as allowing tobacco advertising in other domestic print media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion in other 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:

Although the law prohibits tobacco advertising on TV and radio, the law does not explicitly apply the ban to international TV and radio. Therefore, it is uncertain whether tobacco advertising on international TV and radio is prohibited.

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

International newspapers and magazines

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

The law does not address tobacco advertising and promotion in international newspapers and magazines. Therefore, the law is interpreted as allowing tobacco advertising in international print media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion in international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The law does not address tobacco advertising and promotion via internet communications. Therefore, the law is interpreted as allowing tobacco advertising via internet communications.

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

Internet tobacco product sales

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

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

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear 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)

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 Advertisements Regulation Act place restrictions on where “hoardings” and advertisements may be placed. A “hoarding” is defined as “any structure used as an advertisement or for exhibiting any advertisement,” which includes billboards. Hoardings and other advertisements, such as posters, are prohibited on walls, trees, poles, and fences except for in or on one’s own premises. The exemption includes any premises used in one’s occupation so long as the advertisement relates to the business or trade carried on or in those premises. Therefore, outdoor advertising is permitted in some places. For example, a retail shop owner who sells tobacco products could erect outdoor advertising on his premises. Similarly, a tobacco production facility could erect outdoor advertising on their premises. (Although some of these places are points of retail sale and analyzed as such, advertising at some of these premises goes beyond point-of-sale advertising and, therefore, may constitute outdoor advertising.) In addition, the Chief Technical Director can authorize specific hoardings and advertisements requested by application.

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

Law Source, Section

Point of sale advertising/promotion

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

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

Analysis:

The Advertisements Regulation Act places restrictions on where advertisements may be placed. Advertisements, such as posters, are prohibited on walls, trees, poles, and fences except for in or on one’s own premises so long as the advertisement relates to the business or trade carried on or in those premises. Therefore, tobacco advertising is permitted at points of sale.

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

Point of sale product display

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

The law does not address the display of tobacco products at points of sale. Therefore, the law is interpreted as allowing point of sale product display.

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

Vending machines

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

The law does not address vending machine sales of tobacco products. Therefore, the law is interpreted as allowing vending machine sales of tobacco products.

At a minimum, to align with FCTC Art. 16 (sales to and by minors), the law should ensure that tobacco vending machines are not available to minors and do not promote the sale of tobacco products to minors. To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 14, the law should prohibit tobacco vending machines because they constitute, by their very presence, a means of tobacco advertising and promotion.

Conventional mail

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

The law does not address tobacco advertising and promotion by conventional mail. Therefore, the law is interpreted as allowing such advertising.

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

Telephone and cellular phone

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

The law does not address tobacco advertising via telephone and cellular phone. Therefore, the law is interpreted as allowing telephone and cellular phone advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via telephone and cellular phones.

Brand marking on physical structures

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.

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 Advertisements Regulation Act permits any advertisement upon a building if the advertisement relates to the business, profession, or trade being carried on in or upon those premises. Therefore, brand marking is allowed in some places. (Although some of these places are points of retail sale and analyzed as such, advertising at some of these premises or on vehicles goes beyond point-of-sale advertising and, therefore, may constitute brand marking.)

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco brand marking other than on tobacco product packaging and labeling.

Free distribution of tobacco products

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

The law does not address the free distribution of tobacco products; therefore, this practice is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to meet FCTC Art. 16 (sales to and by minors), the law should prohibit the free distribution of tobacco products.

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:

The law does not address promotional discounts, gifts, prizes, or rewards to consumers in conjunction with a tobacco product purchase. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including a prohibition of promotions in conjunction with a tobacco product purchase.

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:

The law does not address competitions associated with tobacco products, whether requiring purchase or not. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including a prohibition of competitions associate with tobacco products, whether requiring purchase or not.

Direct person to person targeting of individuals

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

The law does not address direct person-to-person targeting of individuals. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including a prohibition on direct person-to-person tobacco advertising.

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 the use of tobacco brand names or logos on non-tobacco products or services. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including brand stretching/trademark diversification.

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 the use of non-tobacco brand names on tobacco products or services. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including reverse brand stretching/brand sharing.

Toys that resemble tobacco products

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

The law does not address toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.

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

Candy that resembles tobacco products

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

The law does not address toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of 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 address retailer incentive programs. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including retailer incentive programs.

Paid placement of tobacco products in TV, film or other media

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

The law does not address paid placement of tobacco products in TV, film, or other media. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including paid placement of tobacco products.

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 products or tobacco use in TV, film, or other media. Therefore, the law is interpreted as allowing this practice

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including unpaid depiction.

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 financial or other contributions that promote tobacco products or tobacco use. Therefore, the law is interpreted as allowing such contributions.

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

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

The law does not address publicity of tobacco sponsorship. Therefore, the law is interpreted as allowing such publicity.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, 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 Consumer Protection Act prohibits generally all misleading and deceptive conduct in the course of trade or business. This includes conduct that is “likely to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose or quantity of goods or services.”

In addition, the Public Health (Tobacco Control) Regulations, 2013 prohibit the use on product packaging and labeling of any item that may suggest or imply that “use [of the tobacco product] or exposure to its smoke or emissions is not hazardous or is less hazardous than that of other tobacco products or any similar product.” This includes a prohibition of terms such as “light,” “ultra light,” “mild,” and similar words, whether or not it is part of the brand name. It also covers any graphics, numbers, other package design characteristics, or any other sign that may be misleading or create a false impression.

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

Law Source, Section
Art. 5; First Schedule, Standards 29, 30