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 any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits radio and television broadcasts. 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 any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits advertising in the press promoting tobacco products. Therefore, tobacco advertising in newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in 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 any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits advertising in posters and brochures. Therefore, tobacco advertising on other domestic print media is prohibited.

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

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits radio and television broadcasts. However, the law does not state whether the ban extends to international TV, radio and other broadcast media. Therefore, the regulatory status "Uncertain" is given.

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:

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits radio and television broadcasts. However, the law does not state whether the ban extends to international newspapers and magazines. Therefore, the regulatory status "Uncertain" is given.

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:

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits advertising on the internet. Therefore, tobacco advertising via the internet is prohibited.

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

Internet tobacco product sales

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

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits advertising on the internet. Additionally, the law prohibits anyone to arrange for the delivery of a tobacco product or to send through the mail unless the delivery is made between manufacturers, distributors, wholesalers or retailers or other persons participating in a legal commercial activity involving tobacco products in exchange for payment. Therefore, internet tobacco products sales are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to Internet tobacco product sales.

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

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

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, and explicitly prohibits advertising in posters and billboards, or any other medium that will be seen by more than one person at a time. Therefore, outdoor tobacco 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

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

Point of sale advertising/promotion (other than product displays)

Analysis:

The provisions of the law which address advertising do not apply to communication between professionals in the industry, or to points of sale for tobacco and tobacco products in Mali.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale advertising and promotion.

Point of sale product display

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

The provisions of the law which address advertising do not apply to points of sale for tobacco and tobacco products in Mali.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale product display.

Vending machines

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

The law explicitly prohibits selling cigarettes and other tobacco products by means of a cigarette vending machine.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to and by minors) with respect to vending machines.

Conventional mail

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

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, or advertising through any other medium that will be seen by more than one person at a time. Therefore, advertising by mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits any kind of advertising of tobacco and any activity for the promotion of tobacco, or advertising through any other medium that will be seen or heard by more than one person at a time, or individually. Therefore, advertising by telephone and cellular phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising by 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 any kind of advertising of tobacco and any activity for the promotion of tobacco, or advertising through any other medium that will be seen or heard by more than one person at a time. The law also prohibits any advertising for tobacco that “through its vocabulary, graphic elements, form, combination of colors” constitutes indirect or disguised advertising. Therefore, tobacco advertising through brand marking other than on tobacco product packaging and labeling is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking other than on tobacco product packaging and labeling.

Free distribution of tobacco products

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

The law explicitly 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 (sales to and by minors) 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 all forms of advertising of tobacco products in Mali, specifically prohibiting any kind of advertising of tobacco and any activity for the promotion of tobacco. Therefore, promotions with a tobacco product are prohibited.

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

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 Mali, specifically prohibiting any kind of advertising of tobacco and any activity for the promotion of tobacco. Therefore, competitions associated with tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect t  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 any kind of advertising of tobacco and any activity for the promotion of tobacco, or advertising through any other medium that will be seen or heard by more than one person at a time, or individually. Therefore, direct person-to-person targeting of individual is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with direct person-to-person targeting of individual.

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 Mali and specifically prohibits any advertising for tobacco and tobacco products, that, through its vocabulary, graphic elements, form, combination of colors, or logos at points of sale constitutes indirect or disguised advertising addressed to the public. Therefore, brand stretching / trademark diversification is prohibited.

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 all forms of advertising of tobacco products in Mali and specifically prohibits any advertising for tobacco and tobacco products, that, through its vocabulary, graphic elements, form, combination of colors, or logos at points of sale constitutes indirect or disguised advertising addressed to the public. Therefore, reverse brand stretching or brand sharing is prohibited.

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 explicitly prohibits 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 explicitly prohibits 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

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:

Despite prohibiting most forms of advertising, the law contains an exception with respect to advertising among industry professionals and at points of sale. Therefore, retailer incentive programs or other payments to encourage them to sell tobacco products are allowed.

To align with FCTC and the FCTC Art. 13 Guidelines, retailer incentive programs should be prohibited.

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 Mali, and specifically prohibits any kind of communication on tobacco and tobacco products intended to seen, read, seen or heard by more than one person at a time as well as individual communications. Therefore, paid placement of tobacco products in TV, film, or other media are prohibited.

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.

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 Mali, and specifically prohibits any kind of communication on tobacco and tobacco products intended to seen, read, seen or heard by more than one person at a time as well as individual communications. Therefore, unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose is prohibited.

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.

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 any activity that promotes a tobacco product. Additionally, any sponsorship of tobacco products is specifically prohibited. “Tobacco sponsorship” is defined as “any kind of contribution to any event, activity or person having as its goal, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.”

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 advertising, promotion and sponsorship of tobacco products in Mali. Therefore, there can be no misleading promotions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to misleading or false promotions.