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:

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” By definition (Section 2), “electronic communication” includes TV and radio. In addition, satellite, cable, and other broadcast means are covered by the ban as forms of electronic media.

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 and other domestic broadcast media.

Law Source, Section

Domestic newspapers and magazines

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

The law specifically bans advertising on “any medium of electronic, print or any other form of communication.”

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 specifically bans advertising on “any medium of electronic, print or any other form of communication.” There are no exceptions to the broad ban on print media.

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

Law Source, Section

International 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 specifically bans promotion of tobacco products “by means of a publication that is published outside Kenya, or a broadcast that originates outside Kenya, or any other communication that originates outside Kenya” and applies to all promotion regulated under the Tobacco Control Act.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international TV and radio and other international broadcast media (e.g., satellite, cable).

Law Source, Section

International newspapers and magazines

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

The law specifically bans promotion of tobacco products “by means of a publication that is published outside Kenya, or a broadcast that originates outside Kenya, or any other communication that originates outside Kenya” and applies to all promotion regulated under the Tobacco Control Act.

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

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” By definition (Section 2), “electronic communication” includes internet communications.

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

Law Source, Section

Internet tobacco product sales

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

The law bans advertisement of tobacco products through the internet but does not address internet tobacco sales specifically. However, Section 20 prohibits retail sale of tobacco products by mail and advertisements offering to deliver or mail tobacco products. This provision effectively bans retail sales by internet.

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

Law Source, Section

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

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

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” Since billboards are a form of print media, outdoor advertising is banned.

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

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” The law provides no exceptions for point of sale advertising and promotion.

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

Law Source, Section

Point of sale product display

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

Section 19 specifically prohibits product “display that permits a person to handle the tobacco product before paying for it,” thereby requiring that products be held or displayed behind the counter. In addition, the definition of “advertisement” includes “product stacking or products displays of any kind or size.” Thus, the ban on advertising in Section 25 applies to product stacking and displays, whether in front of or behind the counter.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

Law Source, Section
Sections 2, 19, 25

Vending machines

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

The law specifically prohibits sale of tobacco products by vending machine.

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

Law Source, Section

Conventional mail

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

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” The ban on advertising in print media would prohibit sending print advertising through conventional mail.

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

Law Source, Section

Telephone and cellular phone

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

Section 25 specifically bans advertising on “any medium of electronic, print or any other form of communication.” By definition (Section 2), “electronic communication” includes communication by telephone.

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

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:

Section 25 prohibits promotion of a tobacco product “by means of an advertisement that depicts . . . a brand element,” which by definition (Section 2) includes distinctive words, designs, images, logos, sounds, or colors associated with tobacco products. This provision therefore precludes brand marking. In addition, section 27 prohibits the use of a manufacturer or brand name on a permanent facility other than a facility owned, leased, or used by the manufacturer. Section 29 prohibits the use of a brand element on a non-tobacco product. Together these provisions prohibit the use of brand marking on venues, outlets, and non-tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on venues, outlets and non-tobacco products.

Law Source, Section
Sections 2, 25, 27, 29

Free distribution of tobacco products

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

The law specifically prohibits the distribution of a tobacco product without monetary consideration, and therefore aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 in this regard.

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 bans a manufacturer, distributor, and/or retailer from providing any type of consideration for the purchase of a tobacco product, including discounts, gifts, and prizes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to this type of promotion.

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:

Section 26 specifically bans advertising of tobacco products “by means of organizing, promoting or sponsoring . . . [an] activity,” which can be interpreted to include competitions. In addition, Section 25 broadly bans promoting a tobacco product by advertisement that depicts or evokes a tobacco product or element. Thus, advertisement of a competition associated with a tobacco product is banned. In addition, Section 30 prohibits offering the right to participate in a game, lottery, or contest in exchange for purchase of a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to these promotional practices.

Law Source, Section
Sections 25, 26, 30

Direct person to person targeting of individuals

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

The ban on advertising by “any medium of electronic, print or any other form of communication” is interpreted as covering direct targeting, and so aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

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:

Section 29 specifically prohibits displaying a tobacco brand element on a non-tobacco product, and furnishing or promoting non-tobacco products bearing tobacco brand names. Section 28 specifically prohibits the use of a brand name or manufacturer name on a tobacco accessory (which is by definition, under Section 2, a tobacco product). In addition, Section 27 prohibits the use of a manufacturer or brand name on any facility other than that owned, leased, or used by the manufacturer.

The instances of brand stretching that do not fall under Sections 28 and 29 (such as services) are prohibited under Section 25. This section prohibits promotion of a tobacco product by means of advertisement that depicts a tobacco product brand element. Given the broad definition of advertisement, Section 25 is interpreted as covering a ban on brand stretching of all types, so the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section
Sections 25, 27, 28, 29

Reverse brand stretching or brand sharing

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

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law does not specifically address reverse brand stretching. Because the terms “advertisement” and “promotion” are defined broadly, Section 25 may be interpreted to prohibit reverse brand stretching.

However, to make it clear that reverse brand stretching is covered by the ban, the law should prohibit the use of non-tobacco brand names on tobacco products.

Law Source, Section

Toys that resemble tobacco products

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

The law specifically prohibits the manufacture and sale of “objects including sweets, snacks and toys that resemble tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Law Source, Section

Candy that resembles tobacco products

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

The law specifically prohibits the manufacture and sale of “objects including sweets, snacks and toys that resemble tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Law Source, Section

Retailer incentive programs

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

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 specifically address payments or rewards to retailers. Displays are banned under Section 19, and therefore retailers cannot be provided incentives to enhance displays. Given the broad definitions of “advertisement” and “promotion,” Section 25 is interpreted as covering a ban on retail incentive programs, and therefore aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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 does not specifically address paid placement of tobacco products in TV, film, or other media. However, Section 25 broadly bans advertising and promotion of tobacco products by any medium. Together with the broad definitions of “advertising” (“any . . . communication . . . designed to promote . . . a tobacco product . . .”) and “promotion” (“a representation . . . including any communication . . . that create[s] recognition . . . for the tobacco manufacturer”), this provision is interpreted to ban paid placement of 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, or other media.

Law Source, Section

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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

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 specifically address unpaid placement of tobacco products in TV, film, or other media. However, Section 25 broadly bans advertising and promotion of tobacco products by any medium. Together with the broad definitions of “advertising” (“any . . . communication . . . designed to promote . . . a tobacco product . . .”) and “promotion” (“a representation . . . including any communication . . . that create[s] recognition . . . for the tobacco manufacturer”), this provision is interpreted to ban unpaid placement of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid placement of tobacco products in TV, film, or other media.

Law Source, Section

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 law prohibits promoting tobacco products through sporting, cultural, artistic, recreational, educational, or entertainment programs, events, or activities. The law also prohibits advertising tobacco or tobacco products by means of organizing, promoting, or sponsoring such events, trade fairs, exhibitions, shows, or any other events. The law does not restrict contributions to individuals, organizations, governments, and events not covered. Sponsorship is not defined, so the full scope of the restrictions is unclear. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to contributions that promote tobacco products or tobacco use. 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.

Law Source, Section

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 prohibits promoting tobacco products through sporting, cultural, artistic, recreational, educational, or entertainment programs, events, or activities. The law also prohibits advertising tobacco or tobacco products by means of organizing, promoting, or sponsoring such events, trade fairs, exhibitions, shows, or any other events. The law allows publicity of sponsorship to individuals, organizations, governments, and events not covered; however, general advertising and promotion restrictions will apply. Sponsorship is not defined, so the full scope of the restrictions is unclear. 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.

Law Source, Section

Promotion by any means that are false, misleading or deceptive

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

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:

Section 23 prohibits promotion of tobacco products “by any means, including by means of the packaging, that are false, misleading or deceptive . . . and as may be prescribed by the Minister.” The law seems to envision banning misleading descriptors, trademarks, logos, and colors, etc. However, the provision is qualified by the phrase "and as may be prescribed by the Minister." Because the Minister has not prescribed or prohibited any specific terms or actions, it is unclear whether or what misleading promotion is prohibited.

Section 21 prohibits the use of yield numbers on the pack.

FCTC Art. 13 Guidelines para. 39 provides that Parties should prohibit not only the use of terms and descriptors, but also trademarks, emblems, marketing images, logos, colors, figuratives, and any other signs, in line with what is required regarding tobacco product packaging and labeling by FCTC Art. 11.1(a).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the Minister should issue regulations that 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. This should be done in addition to imposing a complete tobacco advertising, promotion and sponsorship ban.

Law Source, Section
Sections 2, 21, 23