LANGUAGE
Last updated: December 9th 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:

Television and radio advertising are regulated by the Electronic Media Law, which prohibits advertising tobacco, tobacco products, electronic cigarettes, refill containers, and smoking in audio and audiovisual commercial communications. Therefore, tobacco advertising is prohibited on domestic TV and radio.

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

Domestic newspapers and magazines

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

The law prohibits tobacco advertising with a few exceptions which include tobacco trade domestic newspapers or magazines. The law prohibits all other domestic tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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 prohibits tobacco advertising with a few exceptions which do not include 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 prohibiting tobacco advertising and promotion in domestic print media.

International TV and radio (including all broadcast media such as satellite and cable)

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:

Television and radio advertising are regulated by the Electronic Media Law, which prohibits advertising tobacco, tobacco products, electronic cigarettes, refill containers, and smoking in audio and audiovisual commercial communications. However, the law does not apply to electronic mass media intended for reception only in countries which are not European Union Member States or European Convention on Transfrontier Television Member States. Therefore, the regulatory status code “Some Restrictions” is given. Because the law restricts tobacco advertising and promotion on international broadcast media, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines. 

To more fully align, the law should prohibit tobacco advertising on all international TV and radio, regardless of the country of origin.

International newspapers and magazines

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 tobacco advertising with a few exceptions which includes some types of international newspapers and magazines. Tobacco advertising is allowed in publications that are issued and printed in countries that are not member states of the European Union or states of European Economic Area and are not intended for these markets. 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 tobacco advertising and promotion in all international newspapers and magazines.

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 prohibits tobacco advertising with a few exceptions which do not include domestic internet communications or internet communications within the European Union. However, tobacco advertising is allowed if it is made available by someone that is based in a country not belonging to the European Union or the European Economic Area and if the online communication is not primarily intended for the market of the European Union. Therefore, the regulatory status code “Some Restrictions” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic internet communications. However, to fully align, the law should prohibit tobacco advertising in all internet communications, regardless of the country of origin and principal target market.

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 “by means of distance contracts.” This is interpreted as prohibiting all internet sales to consumers.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on internet product sales.

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

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

The law prohibits tobacco advertising with a few exceptions which do not include outdoor advertising. Therefore, the regulatory status code “Banned” is given.

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

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 prohibits tobacco advertising with a few exceptions which do not include 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.

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, herbal smoking products, electronic smoking devices, refill containers, and trademarks of these products in retail outlets. However, this provision does not apply to duty-free shops, ships on international voyages, and retail outlets exclusively selling tobacco products if these are in separate premises with separate entrances and these displays are not visible from outside of the outlets. Therefore, the regulatory status code “Some Restrictions” is given. 

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale product displays.

Vending machines

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

The law prohibits the sale of tobacco products by vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco product sales by vending machine.

Conventional mail

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

The law prohibits tobacco advertising with a few exceptions which do not include conventional mail. Therefore, the regulatory status code “Banned” is given.

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

Telephone and cellular phone

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

The law prohibits tobacco advertising with a few exceptions which do not include telephone or cellular phone. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion via 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 prohibits tobacco advertising with a few exceptions which do not include brand marking.

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

Free distribution of tobacco products

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

The law prohibits the free distribution of tobacco products. It also prohibits the inclusion of any element on the package suggesting free distribution of these products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 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 prohibits tobacco advertising with a few exceptions which do not include promotions with purchase. Because the definition of “advertising” includes “activities whose goal is to directly or indirectly further the purchase or consumption of tobacco products,” the law is interpreted as prohibiting promotions with a tobacco product purchase. The law also prohibits any element on unit or outside packaging that suggests financial advantages, including printed vouchers, offering discounts, information on free distribution, two-for-one or other similar offers.

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

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 prohibits tobacco advertising with a few exceptions which do not include competitions associated with tobacco products. Because the definition of “advertising” includes “activities whose goal is to directly or indirectly further the purchase or consumption of tobacco products,” the law is interpreted as covering competitions associated with tobacco products or brand names.

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

Direct person to person targeting of individuals

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

The law prohibits tobacco advertising with a few exceptions which do not include direct person to person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person targeting of individuals.

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 prohibits tobacco advertising with a few exceptions which do not include brand stretching or trademark diversification. Because the definition of “advertising” includes “activities whose goal is to directly or indirectly further the purchase or consumption of tobacco products,” the law is interpreted as covering brand stretching/trademark diversification.

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

Reverse brand stretching or brand sharing

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

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

Analysis:

The law prohibits tobacco advertising with a few exceptions which do not include brand stretching or trademark diversification. Because the definition of “advertising” includes “activities whose goal is to directly or indirectly further the purchase or consumption of tobacco products,” the law is interpreted as covering reverse brand stretching or brand sharing.

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

Toys that resemble tobacco products

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

The law prohibits the production or placing on the market of 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

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

The law prohibits the production or placing on the market of confectionary 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

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 prohibits tobacco advertising with a few exceptions which do not include retailer incentive programs or other payments that encourage them to sell tobacco products. Because the definition of “advertising” includes “activities whose goal is to directly or indirectly further the purchase or consumption of tobacco products including placing of product in places of business,” the law is interpreted as prohibiting retailer incentive programs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs (e.g., rewards to retailers for achieving certain sales volumes, enhancing displays, etc.) or other payments to encourage them to sell tobacco products.

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 prohibits the 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 the unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement

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 bans sponsorship of any event and activity that involves several member states of the European Union or states of the European Economic Area, takes place in several member states of the European Union or the European Economic Area, or otherwise has a cross-border effect. However, because not all forms of tobacco sponsorship are prohibited, 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 financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, and organizations.

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 bans sponsorship of any event or activity that involves several member states of the European Union or states of the European Economic Area, takes place in several member states of the European Union or the European Economic Area, or otherwise has a cross-border effect. However, other forms of sponsorship are allowed. Publicity of permitted forms of sponsorship are subject to the restrictions on tobacco advertising and promotion.

 To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, and organizations, 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 prohibits packaging and labeling that promotes a tobacco product or encourages its consumption by creating an erroneous impression about the relevant tobacco product’s characteristics, health effects, risks or emissions, or suggests that a particular tobacco product is less harmful than others or aims to reduce the effect of some harmful components of smoke or has energizing, vitalizing, healing, rejuvenating, natural, organic properties or has other health or lifestyle benefits. In addition, the Law on Advertising prohibits all misleading advertising. Taken together, all promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about a product's characteristics, health effects, hazards, or emissions is prohibited.

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.