LANGUAGE
Last updated: May 31st 2019

Regulated Forms of Advertising, Promotion and Sponsorship

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on domestic TV and radio is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including on domestic TV and radio.

Domestic newspapers and magazines

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including 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)

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including in domestic print media.

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on international TV and radio is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including on international TV and radio.

International newspapers and magazines

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in international newspapers and magazines is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including in international newspapers and magazines.

Internet communications

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Internet communications (not sales)

Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through internet communication is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including through internet communications.

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship or retail tobacco product sales. Therefore, tobacco product sales through the internet are allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. The FCTC Art. 13 Guidelines, paragraph 18 - 21, state: "Internet sales of tobacco should be banned as they inherently involve tobacco advertising and promotion." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including internet tobacco product sales.

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on outdoor advertising is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including outdoor tobacco 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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion at point of sale is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. 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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, point of sale product display is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. The FCTC Art. 13 Guidelines state: "Display and visibility of tobacco products at points of sale constitutes advertising and promotion and should therefore be banned." To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-14, the law should prohibit all tobacco advertising and promotion, including point of sale product display and visibility.

Vending machines

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship or retail tobacco product sales. Therefore, tobacco vending machine sales are allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. The FCTC Article 13 Guidelines state: "Vending machines should be banned because they constitute, by their very presence, a means of advertising and promotion." To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-14, the law should prohibit all tobacco advertising and promotion, including tobacco vending machines.

Conventional mail

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through conventional mail is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including through conventional mail.

Telephone and cellular phone

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion by telephone and cellular (mobile) phone is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including through telephone and cellular phone.

Brand marking on physical structures

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through brand marking is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including brand marking.

Free distribution of tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through free distribution of tobacco products is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the free distribution of tobacco products.

Promotions with a tobacco product purchase

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, promotions in conjunction with a tobacco product purchase are allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including promotions with a tobacco product purchase.

Competitions associated with tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through competitions associated with tobacco products is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including competitions associated with tobacco products.

Direct person to person targeting of individuals

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through direct person-to-person targeting of individuals is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person-to-person targeting of individuals.

Brand stretching/trademark diversification

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through brand stretching is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including 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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through reverse brand stretching is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching.

Toys that resemble tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, toys that resemble tobacco products are allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including toys that resemble tobacco products.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, candy that resembles tobacco products is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including candy that resembles tobacco products.

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through retailer incentive programs is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs.

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, paid placement of tobacco products in TV, film, and other media is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including 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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, unpaid depiction of tobacco use or tobacco products in media is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. The FCTC Article 13 Guidelines state: "Parties should . . . take measures to prevent the use of journalistic, artistic or academic expression or social or political commentary for the promotion of tobacco use or tobacco products." To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco use or tobacco products as suggested in FCTC Art. 13 Guidelines paras. 29-31.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, tobacco industry sponsorship of events, activities, individuals, organizations, or governments is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship.

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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

There is no law that regulates tobacco advertising, promotion and sponsorship. Therefore, publicity of tobacco industry sponsorship is allowed.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship and/or publicity of any allowed forms of sponsorship.

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:

The Consumer Protection Act provides that an advertiser (which is defined to include a supplier or trader who commissions advertising) who uses false or misleading advertising is guilty of fraud. False or misleading advertising includes "any type of business information or communication using text, dialogue, sounds, images or descriptions which can directly or indirectly, expressly or by omission, lead a consumer to mistake, misunderstand or confuse . . . b) the components or ingredients of goods offered . . . c) the benefits or repercussions of the uses . . . d) the basic characteristics of the goods . . . ." This provision could be used to prohibit tobacco promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions. However, because it is uncertain whether this law is actually used to regulate tobacco advertising, the regulatory status "Uncertain" is given.

The law does not align with best practice, as reflected in FCTC Art. 13 and the FCTC Art. 13 Guidelines, because it does not provide for a comprehensive ban on tobacco advertising, promotion and sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.

Law Source, Section