LANGUAGE
Last updated: March 7th 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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising 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.

Law Source, Section

Domestic newspapers and magazines

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

The Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion 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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. Although this is interpreted as banning tobacco advertising on domestic TV and radio, the law does not specifically address international TV and radio. Therefore, the regulatory status "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.

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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. Although this is interpreted as banning tobacco advertising in domestic newspapers and magazines, the law does not specifically address international newspapers and magazines. Therefore, the regulatory status "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 in international newspapers and magazines.

Law Source, Section

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.

Internet communications (not sales)

Analysis:

The Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising via internet communications. However, it is uncertain if the ban applies to cross-border or international internet communications. For this reason, the regulatory status "Some Restrictions" is given.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion is prohibited via international as well as domestic internet communications.

Law Source, Section

Internet tobacco product sales

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

The law prohibits the sale of tobacco products "without the direct involvement of the seller, through vending machines and other electronic or mechanical devices." This is interpreted as prohibiting internet tobacco product sales.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 150.2(3)

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

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

The Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising via outdoor advertising.

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

Law Source, Section

Point of sale advertising/promotion

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

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

Analysis:

The Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as banning tobacco advertising at point of sale.

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

Law Source, Section

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 display of tobacco products on self-service shelves accessible to customers. This is interpreted as requiring tobacco products to be kept in a locked display cabinet or behind the cashier's desk. However, the law does not prohibit the visibility of tobacco products.

FCTC Art. 13 Guidelines paras. 12-13 recommend a ban on the display and visibility of tobacco products because "display of tobacco products at point of sale in itself constitutes advertising and promotion." Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the display and visibility of tobacco products at point of sale.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 159.2(12)

Vending machines

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

The law prohibits the sale of tobacco products "without the direct involvement of the seller, through vending machines and other electronic or mechanical devices."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco sales by vending machine.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 150.2(3)

Conventional mail

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

The Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. This is interpreted as prohibiting tobacco advertising and promotion via conventional mail.

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

Law Source, Section

Telephone and cellular phone

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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. The definition of "advertising" includes the distribution of information "intended for an unspecified circle of people". Because telephone and cellular (mobile) phone advertising is targeted toward a specific person or persons, it is unclear whether it meets the definition of "advertising". Therefore, the regulatory status "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 via telephone and cellular phone is prohibited. To clarify the scope of the ban, the law should contain a definition of tobacco advertising and promotion in accordance with the definition provided in the FCTC.

Law Source, Section

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 Law on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. The law exempts the use of company names. Therefore, brand marking with the use of a tobacco product trademark is prohibited; however, brand marking with the use of a tobacco manufacturer name or associated symbol is permitted. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all brand marking, with any distinctive words, designs, images, logos, sounds, or colors associated with a tobacco product or manufacturer, is prohibited.

Law Source, Section

Free distribution of tobacco products

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

The Law on Advertising generally prohibits tobacco advertising and promotion. This is considered to include a ban on free samples of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines 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.

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 on People's Health and Health Care prohibits the sale of tobacco products in "sets with other products". The Law on Advertising also prohibits promotion "directed at the stimulation of demand for and interest in . . . tobacco and tobacco products". These provisions are interpreted as prohibiting promotions with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 159.2(13)

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 on Advertising prohibits promotion "including prize drawings, lotteries directed at the stimulation of demand for and interest in . . . tobacco and tobacco products". This provision is interpreted as prohibiting competitions associated with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. The definition of "advertising" includes the distribution of information "intended for an unspecified circle of people". Because direct person-to-person targeting is aimed at a specific person or persons, it is unclear whether it meets the definition of "advertising". Therefore, the regulatory status "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 via direct person-to-person targeting is prohibited. To clarify the scope of the ban, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law Source, Section

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.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The Law on Advertising prohibits advertising "with the use of elements of a trade mark or name" of a tobacco product that directly or indirectly promotes tobacco or a tobacco product. This is interpreted a generally banning brand stretching. However, this provision exempts the use of a "company name" of a tobacco product. Therefore the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching, including with the use of a tobacco manufacturer's name.

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

Toys that resemble tobacco products

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

The law prohibits "the manufacture, sale and distribution of goods, imitating tobacco products". This includes toys that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 159.11

Candy that resembles tobacco products

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

The law prohibits "the manufacture, sale and distribution of goods, imitating tobacco products". This includes candy that resembles tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 159.11

Retailer incentive programs

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

Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products

Analysis:

The law does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs.

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 on Advertising prohibits advertising of tobacco and tobacco products, as well as advertising that uses the trademark or name of a tobacco product. Advertising includes "any means of information" "distributed and placed in any form" that is "intended to form or support an interest in . . . a good". Paid placement of a tobacco product is intended to form or support an interest in that product. Therefore paid placement is prohibited under the general ban on tobacco advertising.

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.

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

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction of tobacco use and tobacco products in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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

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.

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 Administrative Offenses Code, Art. 199, imposes fines for tobacco sponsorship, which is defined in the Law on People's Health and Health Care as "any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly, with the exception of payments and contributions provided by the legislation of the Republic of Kazakhstan". The Health Law specifically allows "charitable contributions". Consequently, tobacco industry "corporate social responsibility" programs and contributions to youth tobacco use prevention programs are allowed. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including charitable contributions. To clarify the scope of the ban and aid enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Law Source, Section
Code of the Republic of Kazakhstan on Administrative Offenses
Art. 199
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 1.104-1

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law allows some forms of financial sponsorship and other support by the tobacco industry. However, publicity of such support or sponsorship is restricted by the ban on tobacco advertising. The ban on advertising prohibits advertising with a trademark or product name, however, it excludes the use of a company name. Therefore, it may be permissible to publicize tobacco industry sponsorship through the use of a manufacturer's name. According, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship and publicity thereof. To clarify the scope of the ban and aid enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Promotion by any means that are false, misleading or deceptive

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 Law on People's Health and the Health Care System prohibits on tobacco product packaging "the words 'low tar,' 'light,' 'ultra light' or 'mild,' or other phrases, including in foreign languages, creating a false impression of the tobacco product being less harmful compared to others". However, colors, figures, or other symbols may be allowed. While there is a general ban on advertising, some forms of advertising and promotion may escape the ban. Taking the two provisions together, it is possible that some forms of promotion by false, misleading or deceptive means may escape the ban. Therefore the regulatory status "Some Restrictions" is given.

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

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 159.2(11)