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.
Analysis:

The law provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products . . .” Therefore, tobacco advertising on domestic TV and radio is prohibited.

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

Law Source, Section

Domestic newspapers and magazines

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

The law provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products . . .” Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic newspapers and magazines.

Law Source, Section

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 provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This is interpreted as prohibiting tobacco advertising in all print media, including pamphlets, leaflets, flyers, posters, and signs.

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

Law Source, Section

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:

The law prohibits the broadcast of any advertisement that promotes tobacco products. Therefore, tobacco advertising on domestic TV and radio is prohibited. However, because the law does not explicitly extend the ban to cross-border or international TV and radio, it is uncertain whether the ban applies. Therefore, the regulatory status “Uncertain” is assigned.

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

Law Source, Section

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.
Analysis:

The law prohibits printing, broadcasting, or publishing any advertisement to promote any tobacco products. Therefore, tobacco advertising is prohibited in domestic newspapers and magazines. However, because the law does not explicitly extend the ban to cross-border or international newspapers and magazines, it is uncertain whether the ban applies. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in cross-border or international newspapers and magazines is prohibited.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This is interpreted as applying to traditional as well as electronic media. Therefore tobacco advertising and promotion by internet communications is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

Internet tobacco product sales

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 address the sale of tobacco products by internet. However, the law prohibits printing, broadcasting and publishing of any advertisement that promotes tobacco products. This is interpreted as banning tobacco advertising via internet communications. Consequently, it could be argued that tobacco sales by internet are also banned, as sales by internet are an inherent form of advertising. However, because the law does not specifically address internet sales and does not contain a definition of tobacco advertising and promotion, it is unclear whether the ban was intended to cover internet sales. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco product sales by internet are prohibited. In addition, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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

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

The law provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This is interpreted as prohibiting outdoor advertising of tobacco products, as this is printing or publishing of a tobacco advertisement.

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

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 provides that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This provision alone could be interpreted as prohibiting advertising at point of sale, since there is no exemption for point of sale. Additional regulations were issued to regulate the display of products at point of sale and specifically prohibit any writing, logos or trademarks on point of sale display units. Only a price list with product name and price is allowed on display units.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

Point of sale product display

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 the display of tobacco products except in accordance with display regulations. These regulations define point of sale as the locations licensed by authorities for sales of tobacco products. The regulations prohibit the display of tobacco products except in display units and state that: “The Minister of Health shall issue such instructions as necessary for the enforcement of the provisions of this Regulation, including the maximum number of display units allowed in sales outlets and the requirements thereof.”

The instructions issued by the Minister of Health specify that products cannot be visible or directly accessible to consumers. Instead, products must be kept in display units that are closed on three sides; the fourth side shall only be open to the salesperson. The instructions also specify that display units may only be located at payment points.

However, the requirements related to display units to do not apply to shops that exclusively sell tobacco, tobacco products, and accessories. For this reason, the regulatory status code "Some Restrictions" is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any display and visibility of tobacco products at all points of sale, including shops that exclusively sell tobacco products.

Vending machines

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

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

Law Source, Section

Conventional mail

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

The law states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” Because advertising by conventional mail necessarily involves distributing materials that publicize tobacco products, the law is interpreted as prohibiting tobacco advertising by conventional mail.

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

Law Source, Section

Telephone and cellular phone

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

The law states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” The law is interpreted as applying to traditional as well as electronic media. Because promotion by telephone involves “publicizing” information about tobacco products, the law is interpreted as prohibiting telephone and mobile phone tobacco advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and mobile phone advertising and promotion. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This provision is interpreted as prohibiting logos, designs and trademarks on structures, vehicles and equipment, as this is a form of distributing tools or materials that promote tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

Free distribution of tobacco products

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

The law does not explicitly prohibit the free distribution of tobacco products. However, in practice, the Ministry of Health relies on the ban on advertising and promotion to prohibit the free distribution of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should specifically state that free distribution of tobacco products is prohibited and provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This provision is interpreted as prohibiting promotional gifts, prizes and rewards to consumers in conjunction with a tobacco product purchase, as this practice involves distributing tools to publicize tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase. However, to clarify the scope of the ban on tobacco advertising and promotion, and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 does not expressly prohibit competitions associated with tobacco products. However, the law prohibits printing, broadcasting and publishing of tobacco advertisements, and distribution of leaflets, tools or other materials that promote tobacco products. This provision is interpreted as prohibiting competitions associated with tobacco products, because the name of a tobacco product or manufacturer is necessarily published or distributed in connection with the competition.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products and brand names. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

Direct person to person targeting of individuals

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” However, because the law does not define “tobacco advertisement”, and direct person-to-person targeting of individuals is not clearly “publishing” or “distributing” a tobacco advertisement, it is unclear if the ban was intended to cover this practice. Therefore the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion by direct targeting of individuals is prohibited. In addition, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This provision is interpreted as prohibiting brand stretching, as a form of distributing tools or materials that promote tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. However, to clarify the scope of the ban on tobacco advertising and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 or prohibit reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching. In addition, to clarify the scope of the ban on tobacco advertising and promotion, and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Toys that resemble tobacco products

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

The law clearly prohibits the manufacture, import, distribution, or sale of products that resemble tobacco products, including sweets, cakes, toys and tools manufactured in any shape similar to any tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture, distribution and sale of toys that resemble tobacco products.

Law Source, Section

Candy that resembles tobacco products

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

The law clearly prohibits the manufacture, import, distribution, or sale of products that resemble tobacco products, including sweets, cakes, toys and tools manufactured in any shape similar to any tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture, distribution and sale of candy that resembles tobacco products.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” The provision does not directly address or prohibit 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 retail incentive programs. In addition, to clarify the scope of the ban on tobacco advertising and promotion, and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” This provision is interpreted as prohibiting paid placement of tobacco products in TV, film and other media, as this practice involves the distribution of materials to promote tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film and other media. However, to clarify the scope of the ban on tobacco advertising and promotion, and aid in enforcement, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law Source, Section

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 states that: “No person or public or private authority, including media, shall be allowed to print, broadcast, publish any advertisement to promote any tobacco products, neither to distribute any leaflet, tools or orientation materials to such products or to publicize them.” The provision does not directly address the unpaid depiction of tobacco use or tobacco products in TV, film and other entertainment media, which is not necessarily aimed at promoting or publicizing tobacco products. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media.

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

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. The law does not align with FCTC Art. 13 and the FCTC Guidelines with respect to contributions. To align, the law should prohibit all contributions to activities, individuals, organizations, or governments 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. Arguably, the general advertising prohibitions could be interpreted as prohibiting publicity of tobacco sponsorship; however, in practice, the law has not been interpreted this way and sponsored events carry logos, trademarks, and other symbols of sponsorship. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. To align, 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 law does not specifically prohibit promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. However, the law does prohibit the use of misleading information on cigarette packaging that suggests cigarettes are not harmful. In addition, the law contains a comprehensive ban on advertising and promotion of tobacco products. Taken together, these provisions prohibit promotion by means that are false, misleading and deceptive.

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