Last updated: December 9, 2022
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. 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 and promotion on domestic TV and radio.
Domestic newspapers and magazines
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising in domestic newspapers and magazines is prohibited.
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.
Other domestic print media, such as pamphlets, leaflets, flyers, posters, signs (not including print advertising at the point of sale)
Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising in other domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. 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 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
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. 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 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 in international newspapers and magazines.
Internet communications
Internet communications (not sales)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising via internet communications is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet communications.
Outdoor advertising (e.g., billboards, posters)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising via outdoor advertising is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via outdoor advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Together, these provisions are 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 point-of-sale tobacco advertising and promotion.
Point of sale product display
Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product display at points of sale.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point-of-sale product display.
Conventional mail
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising via conventional mail is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail.
Telephone and cellular phone
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephone and cellular phone.
Brand marking on physical structures
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)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. “Advertising” is defined broadly to include “information disseminated and/or placed in any form using any means . . . .” In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Together, these provisions are interpreted as prohibiting brand marking.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.
Free distribution of tobacco products
The law does not prohibit the free distribution of tobacco products.
To meet FCTC Art. 16 and align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit free distribution.
Promotions with a tobacco product purchase
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)
The Law on Advertising prohibits advertising of tobacco products, prize giveaways and raffles associated with tobacco products, and advertising that uses the trademark or name of a tobacco product. “Advertising” is defined as “information disseminated and/or placed in any form using any means . . . and called upon to generate and maintain interest toward a . . . good . . . .” In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Together, 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.
Competitions associated with tobacco products
Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not
The Law on Advertising prohibits advertising of tobacco products, prize giveaways and raffles associated with tobacco products, and advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, tobacco advertising via competitions associated with tobacco products is prohibited.
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
The Law on Advertising prohibits advertising of tobacco products. “Advertising” is defined, however, as the dissemination of promotional information “intended for an indeterminate amount of people.” This does not cover direct person-to-person targeting of individuals.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion and utilize the FCTC definition of the term.
Brand stretching/trademark diversification
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. Therefore, brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The Law on Advertising prohibits the advertising of tobacco products. "Advertising" includes "information disseminated and/or placed broadly in any form using any means …." In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. However, it is unclear whether reverse brand stretching would be considered a form of advertising under the law. Therefore, the regulatory status "Uncertain" is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching. In addition, the law should contain a definition of "tobacco advertising and promotion" that aligns with the definition provided in the FCTC.
Toys that resemble tobacco products
Act No. 360-VI on People's Health and the Healthcare System prohibits the manufacture, sale, and distribution of merchandise 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.
Candy that resembles tobacco products
Act No. 360-VI on People's Health and the Healthcare System prohibits the manufacture, sale, and distribution of merchandise 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.
Retailer incentive programs
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
The Law on Advertising prohibits advertising of tobacco products. However, retailer incentive programs likely do not fall within the definition of “advertising” because they do not include “information disseminated and/or placed broadly in any form using any means and intended for an indeterminate group of people . . . .”
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The Law on Advertising prohibits advertising of tobacco products, as well as advertising that uses the trademark or name of a tobacco product. Advertising is defined as “information disseminated and/or placed in any form using any means . . . and called upon to generate and maintain interest toward . . . goods . . . .” Paid placement of a tobacco product is intended to form or support an interest in that product. In addition, Act No. 360-VI on People's Health and the Healthcare System prohibits tobacco product advertising. 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.
Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose
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
The Law on Advertising prohibits tobacco advertising in the form of a demonstration of tobacco products or tobacco use in all audiovisual productions intended for children and in audiovisual productions intended for adults unless the unpaid depiction is an "indelible part of an artistic concept."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it prohibits unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.
Tobacco industry sponsorship of events, activities, individuals, organizations or governments
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)
Act No. 360-VI on People's Health and the Healthcare System restricts tobacco industry sponsorship of events, activities, individuals, organizations, or governments. The law explicitly allows charitable assistance by physical and legal entities implementing the importation, manufacture, sale, and distribution of tobacco. However, all other tobacco product sponsorship is prohibited. Therefore, 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 tobacco industry sponsorship, including tobacco industry sponsorship of events, activities, individuals, organizations, and governments.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law allows charitable assistance by physical and legal entities implementing the importation, manufacture, sale, and distribution of tobacco, but prohibits all other tobacco product sponsorship. However, the law prohibits tobacco advertising, which effectively prohibits publicity of tobacco sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.
Promotion by any means that are false, misleading or deceptive
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)
Act No. 360-VI on People's Health and the Healthcare System prohibits the sale of tobacco products where the packaging contains information that directly or indirectly misleads the consumer, including such words as "low tar content," "mild," "very mild," "smooth," "extra," "ultra" or other word combinations, including those in foreign languages, any terms, descriptions, signs, symbols, or other markings creating a false impression that specific products and/or methods of consumption are less harmful than other products and/or methods of consumption. Taken together with the general ban on tobacco advertising, these provisions are interpreted as prohibiting promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.
