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:

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” 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 on domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” 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 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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising in other domestic print media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in other 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 prohibits all forms of tobacco advertising and promotion within the territory of Madagascar as well as any cross-border acts of APS stemming from within the country. This is interpreted as prohibiting all tobacco advertising and promotion via international TV and radio, including both incoming and outgoing.

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

International newspapers and magazines

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

The law prohibits all forms of tobacco advertising and promotion within the territory of Madagascar as well as any cross-border acts of APS stemming from within the country. This is interpreted as prohibiting all tobacco advertising and promotion via international newspapers and magazines, including both incoming and outgoing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising through internet communications is prohibited.

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

The law prohibits all forms of advertising of tobacco and smoking accessories in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Arguably, this provision prohibits internet tobacco product sales as a communication or action with the aim, effect, or likely effect of promoting tobacco use. However, it is not clear that the ban on advertising was intended to address sales, and other sales provisions of the law do not address sales via the internet. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 18, the law should make clear that tobacco product sales via the internet are prohibited as 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 prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising through outdoor advertising is prohibited.

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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising at the point of sale is prohibited.

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

Point of sale product display

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

The law does not specifically address point of sale product display. The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” This is interpreted as including product display at point of sale. Therefore, point of sale product display is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display. For greater clarity, the law should specifically prohibit tobacco product displays at points of sale.

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 machine.

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

Conventional mail

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

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising by conventional mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, tobacco advertising by telephone and cellular phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, brand marking 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 prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” The law also prohibits the “use of incentives that directly or indirectly encourage the purchase and consumption of tobacco products.” This is interpreted as including the free distribution of tobacco products. Therefore, the free distribution of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to the 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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” The law also prohibits the “use of incentives that directly or indirectly encourage the purchase and consumption of tobacco products.” Therefore, promotional discounts, gifts, prizes, or rewards offered to consumer in conjunction with a tobacco product purchase are prohibited.

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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” The law also prohibits the “use of incentives that directly or indirectly encourage the purchase and consumption of tobacco products.” Therefore, competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not, are 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

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

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” The law also prohibits the “use of incentives that directly or indirectly encourage the purchase and consumption of tobacco products.” Therefore, 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 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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” 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

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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, reverse brand stretching is prohibited.

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

Toys that resemble tobacco products

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

The law prohibits all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Given this broad definition, the law is interpreted as prohibiting 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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Given this broad definition, the law is interpreted as prohibiting 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

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 all forms of advertising of tobacco products in Madagascar. “Advertising” is broadly defined to include “any form of communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” The law also prohibits the “use of incentives that directly or indirectly encourage the purchase and consumption of tobacco products.” Therefore, retailer incentive programs are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

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 all forms of advertising of tobacco products in Madagascar. Paid placement falls within the definition of tobacco advertising and promotion, as it is a form of “communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, paid placement of tobacco products in TV, film, and other media is prohibited.

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:

The law prohibits all forms of advertising of tobacco products in Madagascar. Unpaid depiction of tobacco use in the media falls within the definition of “tobacco advertising and promotion of tobacco,” as it is a form of “communication, recommendation or action with the aim, effect or likely effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, unpaid placement of tobacco products in TV, film, and other media is prohibited.

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

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 prohibits all forms of sponsorship that promote a tobacco product, as well as incentives that directly or indirectly encourage the purchase and consumption of tobacco products. Sponsorship is defined as any form of contribution to any event, activity, or individual with the aim, effect, or likely effect of directly or indirectly promoting a tobacco product or tobacco use.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions that promote tobacco products or tobacco use.

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:

All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco 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 prohibits all forms of tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

With respect to misleading packaging and labeling, the law prohibits printing misleading information on all tobacco product packages.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to promotion of tobacco products by means that are false, misleading, deceptive, or that are likely to create an erroneous impression.