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:

Law No. 174, effective March 2012, specifically prohibits the broadcast by any electronic or audiovisual means any publicity or advertisement of tobacco products. Thus, the law prohibits tobacco advertising and promotion 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:

Law No. 174, effective March 2012, prohibits the publication by any media outlet of any publicity or advertisement of tobacco products. Thus, the law prohibits tobacco advertising and promotion 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.

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:

Law No. 174, effective March 2012, prohibits the publication by "all media related mechanisms and means" of any publicity or advertisement of tobacco products. Thus, the law prohibits tobacco advertising and promotion 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.

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:

Although Law No. 174, effective March 2012, prohibits the broadcast of tobacco advertising and promotion, the law does not explicitly ban international or cross-border tobacco advertising on TV and radio. Therefore it is uncertain whether the law bans international TV and radio advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all international and cross-border tobacco advertising and promotion, including via international TV and radio, is prohibited.

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:

Although Law No. 174, effective March 2012, prohibits the publication of tobacco advertising and promotion, the law does not explicitly ban international or cross-border tobacco advertising in publications. Therefore it is uncertain whether the law bans tobacco advertising in international newspapers and magazines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all international and cross-border tobacco advertising and promotion, including via international newspapers and magazines, is prohibited.

Internet communications

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

Internet communications (not sales)

Analysis:

Law No. 174, effective March 2012, prohibits the publication by any "electronic and other informational means" of any publicity or advertisement of tobacco products. Thus, the law prohibits tobacco advertising and promotion via 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.

Internet tobacco product sales

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

Law No. 174, effective March 2012, prohibits any tobacco advertising and promotion "unless they respect the conditions and terms stipulated in the present law and its implementing decrees." The law does not specifically address tobacco product sales by internet sites. It could be argued that internet tobacco product sales are prohibited as a form of advertising because the law does not allow or provide conditions for internet tobacco product sales. Alternatively, it could be argued that internet sales are allowed because they are not prohibited under Section 4 of the law, which regulates the sale of tobacco products. Because internet tobacco product sales are not specifically regulated in the law, it is uncertain whether such sales are prohibited.

The law should make clear that internet tobacco product sales are prohibited as an inherent form of advertising, as provided in FCTC Art. 13 Guidelines paras. 18 – 21.

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

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

Law No. 174, effective March 2012, prohibits outdoor advertising. The law explicitly provides: "It is prohibited to post advertising on the roads through ads on billboards or on the roofs of buildings and shop fronts, and generally by any means visible for pedestrians in public places."

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:

Law No. 174, effective March 2012, prohibits point of sale advertising and promotion. The law prohibits tobacco advertising through written or any other means of media and there are no exceptions to the ban provided for point of sale advertising. In addition, Article 12(a) prohibits advertising "by any means visible for pedestrians in public places." Article 13 of the law allows retailers to post only information that tobacco products are sold there. The Retailer Bylaws (Decree No. 7437) further specify that retailers may post a sign outside the shop stating only that the shop is authorized to sell tobacco products. Inside the shop, retailers may post one A5 size sign stating only "Tobacco products are sold here."

The law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 13, which provides: "Only the textual listing of products and their prices, without any promotional elements, would be allowed."

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:

Law No. 174, effective March 2012, prohibits placing tobacco products at point of sale in a way that allows customers to handle them by themselves. This is interpreted to mean that tobacco product displays are permitted behind the counter, where customers cannot handle the products directly, but the visibility of products is not banned.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 13, the law should impose "a total ban on any display and on the visibility of tobacco products at points of sale."

Vending machines

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

Law No. 174, effective March 2012, prohibits placing tobacco products at point of sale in a way that allows customers to handle them by themselves. This provision is interpreted as prohibiting tobacco vending machines, because such machines allow customers to access tobacco products by themselves without sales assistance.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, regarding tobacco vending machines. However, to clarify the law, the law should explicitly prohibit the use of vending machines for tobacco product sales.

Conventional mail

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

Law No. 174, effective March 2012, prohibits tobacco advertising and promotions by any written means and "all media related mechanisms and means." Because tobacco advertising by conventional mail necessarily involves printed materials, tobacco advertising by conventional mail is prohibited.

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

Telephone and cellular phone

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

Law No. 174, effective March 2012, prohibits tobacco advertising and promotion by any media, including electronic media. Therefore, tobacco advertising and promotion via telephone and cellular phone is prohibited.

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

Law No. 174, effective March 2012, prohibits publishing any tobacco advertising by any informational means. Tobacco advertising is broadly defined to encompass any "commercial action" with "the aim of promoting a tobacco product." Because brand marking is a commercial action aimed at promoting tobacco products, it is therefore prohibited under the law.

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:

Law No. 174, effective March 2012, prohibits providing free samples of tobacco products.

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

Promotions with a tobacco product purchase

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.

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:

Law No. 174, effective March 2012, prohibits, in conjunction with a tobacco product purchase, the giving of gifts that bear a tobacco product logo or trademark or offering the right to enter a competition or drawing. However, the law does not specifically prohibit giving gifts or prizes that do not bear tobacco product logos or trademarks. Therefore, the law restricts but does not prohibit such practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotional gifts, prizes and rewards in conjunction with a tobacco product purchase, regardless if those gifts bear a tobacco product logo.

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:

Law No. 174, effective March 2012, prohibits sponsorship of any "commercial event." A competition is a commercial event and therefore sponsorship of a competition by a tobacco product is prohibited. In addition, advertising or promoting a competition associated with a tobacco product would violate the ban on tobacco advertising and promotion.

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:

Law No. 174, effective March 2012, prohibits tobacco advertisement or promotion "by any informational means." The definition of tobacco advertising is broad and includes "any form of commercial communication [and] recommendation," and therefore encompasses person-to-person recommendations. Consequently, direct person-to-person targeting of individuals is prohibited.

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:

Law No. 174, effective March 2012, prohibits publishing any tobacco advertising by any informational means. Tobacco advertising is broadly defined to encompass any "commercial action" with "the aim of promoting a tobacco product." Because brand stretching is a commercial action aimed at promoting tobacco products, it is therefore 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

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:

Law No. 174, effective March 2012, does not address reverse brand stretching. Therefore the law is interpreted as allowing this practice.

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

Toys that resemble tobacco products

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

Law No. 174, effective March 2012, prohibits the production, import, sale, and display of any product that represents or resembles a tobacco product, including toys and candy.

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:

Law No. 174, effective March 2012, prohibits the production, import, sale, and display of any product that represents or resembles a tobacco product, including toys and candy.

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:

Under Law No. 174, effective March 2012, retailer incentive programs fall within the definition of "tobacco advertising and promotion" because they are "commercial . . . action aimed at promoting a tobacco product." However, the law prohibits “publishing or broadcasting” tobacco advertising and promotion, and it could be argued that retailer incentive programs are not "published" or "broadcast." Therefore, it is uncertain whether Law No. 174 bans this type of promotional activity.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited as a form of tobacco advertising and promotion.

Paid placement of tobacco products in TV, film or other media

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

Law No. 174, effective March 2012, bans publishing or broadcasting tobacco advertising or promotion by any "informational means" and "all media related mechanisms and means." Paid placement of tobacco products falls within the definition of tobacco advertising and promotion, as it a "commercial communication aimed at promoting a tobacco product." Therefore paid placement of tobacco products in TV, film and other media is prohibited under the law.

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

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:

Law No. 174, effective March 2012, is interpreted as prohibiting unpaid depiction of tobacco use or tobacco products in TV, film and other entertainment media. The law provides that "it is prohibited to publish or broadcast for free . . . any publicity . . . or program or article that can be considered as an advertisement or publicity of any tobacco products." Unpaid depiction of tobacco products or use can be considered publicity of tobacco products and therefore it is banned under this section.

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

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 sponsorship of cultural, sport, and commercial events. The law allows other forms of contributions to individuals, organizations, governments, or other types of non-commercial activities. “Tobacco sponsorship” is defined as “any form of contribution to any event, activity or individual with the aim of promoting a tobacco product or tobacco use either directly or indirectly.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, 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.

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 sponsorship of cultural, sport, and commercial events, so there can be no publicity of such sponsorship. “Tobacco sponsorship” is defined as “any form of contribution to any event, activity or individual with the aim of promoting a tobacco product or tobacco use either directly or indirectly.” The law allows other forms of contributions to individuals, organizations, governments, or other types of non-commercial activities, and there are no explicit provisions regulating publicity of those sponsorships; however, general advertising and promotion restrictions will apply.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship 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:

Law No. 174 prohibits on tobacco product packaging misleading terms and other elements that suggest a tobacco product is less dangerous than another. This includes terms such as "light," "ultra-light," and "mild." The law does not specifically address misleading advertising; however such advertising is banned under the comprehensive ban on tobacco advertising and promotion by any media and informational means.

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