LANGUAGE
Last updated: April 18th 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 Tobacco Control contains a general ban on tobacco advertising. Decree No. 369 specifically prohibits advertising via public media, including 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.

Domestic newspapers and magazines

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Decree No. 369 specifically prohibits advertising via public media, including "printed media" and "printed matter", which includes 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.

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 Tobacco Control contains a general ban on tobacco advertising. Decree No. 369 specifically prohibits advertising via public media, including "printed media" and "printed matter," which includes 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 by domestic print media.

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 on Tobacco Control contains a general ban on tobacco advertising. Article 6 of Decree No. 369 specifically prohibits advertising via public media, including TV and radio. Article 5 states that the scope of the decree covers all "advertising that promotes the use of tobacco products within the LPDR [Lao People's Democratic Republic]" and Agreement No. 1067 prohibits advertising tobacco products internationally. This is interpreted as prohibiting tobacco advertising and promotion through international broadcasts into or out of Laos via international TV and radio.

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

International newspapers and magazines

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 6 of Decree No. 369 specifically prohibits advertising via public media, including "printed media" and "printed matter," which includes newspapers and magazines. Article 5 states that the scope of the decree covers all "advertising that promotes the use of tobacco products within the LPDR [Lao People's Democratic Republic]" and Agreement No. 1067 prohibits advertising tobacco products internationally. This is interpreted as prohibiting tobacco advertising and promotion in international newspapers and magazines.

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

Internet communications

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

Internet communications (not sales)

Analysis:

The Law on Tobacco Control contains a general ban on tobacco advertising. Decree No. 369 specifically prohibits advertising via public media, including electronic media and the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 address internet tobacco product sales. 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 prohibit tobacco product sales via the internet, as this is an inherent form of advertising.

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

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 6 of Decree No. 369 specifically prohibits advertising via "printed matter," and Art. 7 specifically prohibits advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs . . . ." This is interpreted as prohibiting tobacco advertising and promotion by outdoor advertising, such as billboards and posters.

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

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:

Decree No. 369 prohibits tobacco advertising on premises except "where tobacco products are displayed for sale in ordinary retail stores. For example, advertising may be displayed only on [tobacco] cabinets and large umbrellas, and on signs identifying retailers." Therefore, point of sale advertising and promotion is permitted.

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

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:

Agreement No. 1067 states: "Tobacco Sales Display Cases must be constructed of a clear material that allows the buyer to see clearly the actual cigarette packs inside." This is interpreted as requiring that tobacco products be located in a display case (and not be available to consumers on shelves). Therefore, the regulatory status "Some Restrictions" is given.

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.

Vending machines

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

The Law on Tobacco Control prohibits the sale of cigarettes by vending machine. The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 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 on Tobacco Control contains a general ban on tobacco advertising. Decree No. 369 specifically prohibits advertising via public media, including "printed media" and "printed matter." This is interpreted to include any printed matter that could be sent through 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.

Telephone and cellular phone

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Decree No. 369, Article 2, defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech . . . etc." This is interpreted to include tobacco advertising and promotion by telephone and cellular phone.

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

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 on Tobacco Control contains a general ban on tobacco advertising. Article 7 of Decree No. 369 specifically prohibits tobacco advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs . . . [including on] any type of vehicle registered in the LPDR," and Art. 8 prohibits tobacco advertising "upon any premises in the LPDR" except at point of sale. Therefore, all brand marking on physical structures, vehicles, or equipment is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

Free distribution of tobacco products

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech, motion pictures, writing, demonstration, use of celebrity spokespersons, etc." This ban is interpreted to include the free distribution of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to the free distribution of tobacco products.

Promotions with a tobacco product purchase

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

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 Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech, motion pictures, writing, demonstration, use of celebrity spokespersons, etc." It is unclear whether this ban includes only direct advertising and promotion or whether it is intended to include indirect promotion such as promotions with a tobacco product purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including promotions with a tobacco product purchase. To clarify the scope of the ban, and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition included in the FCTC.

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 Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco." Article 6 prohibits tobacco advertising in public media "including via print media, printed matter, electronic media, the internet, radio, or television, by the portrayal of purchases, display of trademarks, or presentation of other kinds of statements regarding tobacco products," and Art. 9 prohibits sponsorship of "activities." Because competitions associated with tobacco products would necessarily involve advertising in public media, and might be considered support of an activity, the law 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

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech . . . etc." This is interpreted to include tobacco advertising by direct person-to-person targeting.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by direct person-to-person targeting.

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 on Tobacco Control contains a general ban on tobacco advertising. Article 7 of Decree No. 369 specifically prohibits tobacco advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs, parasols [or: umbrellas], key rings, hats, shirts, calendars, cabinets, electrical devices, etc., to include any type of vehicle registered in the LPDR." This provision prohibits all brand stretching.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

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 make clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco." The law defines a "tobacco-similar product" as "imitated tobacco product used for advertisement purposes, inducing people to use tobacco." These provisions taken together are interpreted as prohibiting "tobacco-similar products," as this is a form of advertising. Therefore, toys that resemble tobacco products are prohibited.

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

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

The Law on Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco." The law defines a "tobacco-similar product" as "imitated tobacco product used for advertisement purposes, inducing people to use tobacco." These provisions taken together are interpreted as prohibiting "tobacco-similar products," as this is a form of advertising. Therefore, candy that resembles tobacco products is prohibited.

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

Retailer incentive programs

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

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 on Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco." Agreement No. 1067 further prohibits tobacco producers from advertising and promoting the consumption of tobacco products in any form. This could be interpreted as prohibiting tobacco producers from entering into incentive program agreements with retailers. However, because the law does not explicitly state that retailer incentive programs are banned, the regulatory status "Uncertain" is given.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited. In addition, to clarify the scope of the advertising and promotion ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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 Tobacco Control contains a general ban on tobacco advertising. Article 2 of Decree No. 369 describes the scope of the ban as including "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech, motion pictures, writing, demonstration, use of celebrity spokespersons, etc.," and Article 6 specifically prohibits tobacco advertising in public media, including on television "by the display of trademarks." Taken together, these provisions are interpreted as prohibiting paid placement of tobacco products in TV, film, and other media.

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

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 products or tobacco use.

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

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

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 on Tobacco Control prohibits tobacco industry sponsorship. The law defines sponsorship to include "any form of contributions to any event, activity or [other] means with the aims, effect of promoting a tobacco product or tobacco use either directly or indirectly." Decree No. 369, which implements the Law, prohibits "support or sponsorship of any type of sports competition, artistic performance, or education, or by support of any other activities organized within the LPDR." Agreement No. 1067, Art. 8, specifically bans corporate social responsibility programs. Although the law does not specifically ban contributions to "individuals" or "organizations," the banning of support by "other means" and to "other activities," together with banning of corporate social responsibility programs, is interpreted as intending to ban all forms of contribution or support by the tobacco industry.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship.

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

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

The Law on Tobacco Control bans sponsorship by the tobacco industry. In addition, implementing Decree No. 369 specifically bans "advertising tobacco products through support or sponsorship . . . ."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco industry sponsorship.

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 on Tobacco Control prohibits the tobacco industry from "mislead[ing] tobacco users on characteristics of tobacco products, such as [by using] trademarks, forms, colors or other logos." In addition, Agreement No. 1067 prohibits "any statements upon tobacco packaging materials that may cause consumers to misunderstand the characteristics and effects of tobacco on human health, such as: Mild, Medium, Light, Ultra-Light, Ultra-Mild, or Low Tar." Together these provisions prohibit promotion by any means that are false, misleading, or deceptive.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.