LANGUAGE
Last updated: July 26th 2020

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 tobacco advertising and promotion with a few exceptions that do not include domestic TV or radio. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via domestic TV and radio. The regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic broadcast media.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits tobacco advertising and promotion with a few exceptions that do not include domestic newspapers or magazines. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via domestic newspapers and magazines. 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 in domestic newspapers and magazines.

Law Source, Section

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 and promotion with a few exceptions that do not include other domestic print media. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via other domestic print media. 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 in domestic newspapers and magazines.

Law Source, Section

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:

The law prohibits tobacco advertising and promotion with a few exceptions that do not include TV or radio. Thus, the law could be interpreted to prohibit tobacco advertising and promotion via TV and radio. However, because the law does not explicitly prohibit tobacco advertising and promotion on international TV and radio, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion on international TV and radio.

Law Source, Section

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:

The law prohibits tobacco advertising and promotion with a few exceptions that do not include newspapers or magazines. Thus, the law could be interpreted to prohibit tobacco advertising and promotion via newspapers and magazines. However, because the law does not explicitly prohibit tobacco advertising and promotion on international newspapers and magazines, the regulatory status code “Uncertain” is given.

 To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international newspapers and magazines.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits tobacco advertising and promotion with a few exceptions that do not include internet communications. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via the internet. 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 internet communications.

Law Source, Section

Internet tobacco product sales

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 internet tobacco products sales if the identity of the tobacco product purchaser is unknown, which does not necessarily prohibit all internet tobacco products sales. Thus, 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 internet tobacco products sales as they are an inherent form of advertising and promotion.

Law Source, Section

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

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

The law prohibits tobacco advertising and promotion with a few exceptions that do not include outdoor advertising. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via  outdoor advertising. Thus, 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.

Law Source, Section

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 the name, drawing, picture, slogan or other material depicting or partly depicting a product made from tobacco from being visible to the public, for the purpose of advertising such products.

The law also prohibits the drawing, picture, slogan or other material depicting or partly depicting a tobacco product from being displayed on a non-tobacco product and visible to the public for advertisement or sale, with the purpose of advertising the  product, including on buildings and other such places or things.

The law align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all point of sale tobacco advertising and promotion (other than product display).

Law Source, Section

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 packages or cartons of tobacco products in a manner visible to passersby on the streets. However, it does not ban all point of sale product displays. Thus, the regulatory status code "Some Restrictions" is given. Under Sec. 14(b)(2), the law permits a black and white price list to be displayed near the counter at points of sale.

The align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all point of sale product displays.

Law Source, Section

Vending machines

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 vending machine sales if the identity of the tobacco product purchaser is unknown, which does not necessarily prohibit all vending machine sales. Thus, the regulatory status code “Some Restrictions” is given.

The law aligns with FCTC Art. 16 in that it attempts to ensure that tobacco vending machines are not accessible to minors. However, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco vending machines as they are an inherent form of advertising.

Law Source, Section

Conventional mail

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

The law prohibits tobacco advertising and promotion with a few exceptions that do not include conventional mail. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via  conventional mail. Thus, 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.

Law Source, Section

Telephone and cellular phone

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

The law prohibits tobacco advertising and promotion with a few exceptions that do not include telephone and cellular phone. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via telephone and cellular phone. Thus, 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.

Law Source, Section

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 and promotion with a few exceptions that do not include brand marking. Therefore, the law is interpreted to prohibit tobacco advertising and promotion via brand marking. Thus, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Law Source, Section

Free distribution of tobacco products

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

The laws prohibits the free distribution of tobacco 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.

Law Source, Section

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 and promotion with a few exceptions that do not include promotions with a tobacco product purchase. Therefore, the law is interpreted to prohibit promotions with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion with a tobacco product purchase.

Law Source, Section

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 and promotion with a few exceptions that do not include competitions associated with tobacco products. The law is interpreted to prohibit 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.

Law Source, Section

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 and promotion with a few exceptions that do not include direct person to person targeting of individuals. The law is interpreted to prohibit 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.

Law Source, Section

Brand stretching/trademark diversification

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.

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

Analysis:

The law prohibits any name, drawing, picture, slogan or other material depicting or partly depicting a product made from tobacco. However, this only applies to registration of brand names prior to the commencement of the act. Therefore, the regulatory status code "Some Restrictions" is given. 

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

Law Source, Section

Reverse brand stretching or brand sharing

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.

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

Analysis:

The law prohibits the name or part of a name registered for use on a non-tobacco product from being used on a tobacco product. However, this only applies to registration of brand names prior to the commencement of the act. Therefore, the regulatory status code "Some Restrictions" is given.

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

Law Source, Section

Toys that resemble tobacco products

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

The law prohibits the manufacture, distribution, sale and display of a tobacco product in the form of a toy.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on toys that resemble tobacco products.

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits the manufacture, distribution, sale, and display to the public in a manner such that it can be viewed as being for sale, a tobacco product in the form of a food product or any other type of product. Therefore, candy that resembles tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on candy that resemble tobacco products.

Law Source, Section

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 prohibits defined tobacco advertising and promotion with a few exceptions that include transactions among the tobacco industry, and business documents all presumably for trade purposes. The regulatory status code "Uncertain" is given because it is unclear whether the exceptions permit retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all forms of tobacco advertising and promotion should be prohibited, including retailer incentive programs.

Law Source, Section
Sections 14(a), 14(b)(1), and 14(b)(3)

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 tobacco advertising and promotion with a few exceptions that do not include paid placement of tobacco products in TV, film, or other media. The law is interpreted to prohibit paid placement of tobacco products in TV, film, or 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, or other media.

Law Source, Section

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 tobacco advertising and promotion with a few exceptions that do not include unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Therefore, the law is interpreted to prohibit unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

Law Source, Section

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 bans sponsorship, including of events, activities, individuals, organizations, or governments.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines on tobacco industry sponsorship of events, activities, individuals, organizations, or governments.

Law Source, Section

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 bans sponsorship, including of events, activities, individuals, organizations, or governments. 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.

Law Source, Section

Promotion by any means that are false, misleading or deceptive

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.

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 misleading or deceptive tobacco product packaging and labeling, including “words that state or convey that the tobacco product is less hazardous to health compared to other tobacco products” (unless approved by the Ministry based on submitted data and evidence gathered from reliable trials). However, the law does not address other false, misleading, or deceptive tobacco advertising or promotion. 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 all 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