LANGUAGE
Last updated: March 12th 2021

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 tobacco advertising and promotion without exception. Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.

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

Domestic 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 without exception. Therefore, tobacco advertising and promotion via domestic newspapers and magazines is prohibited.

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

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 tobacco advertising and promotion without exception. Therefore, tobacco advertising and promotion through other domestic print media is prohibited.

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

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 all forms of tobacco advertising and promotion without exception. It also prohibits advertising “an offer concerning the delivery or shipment by mail or express messenger of a tobacco product to the interior of Mauritania.” However, because the law does not clearly prohibit tobacco advertising and promotion via international channels, 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 through international channels, including international TV and radio.

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 all forms of tobacco advertising and promotion without exception. It also prohibits advertising “an offer concerning the delivery or shipment by mail or express messenger of a tobacco product to the interior of Mauritania.” However, because the law does not clearly prohibit tobacco advertising and promotion via international channels, 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 through international channels, including 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 tobacco advertising and promotion without exception. Therefore, tobacco advertising and promotion via internet communications is prohibited.

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

Internet tobacco product sales

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

The law prohibits all forms of tobacco advertising and promotion without exception as well as the delivery and sending of tobacco products through mail or express messenger (unless it is “between manufacturers, distributors, wholesale vendors or retail vendors, or other persons engaging in a legal commercial activity involving tobacco products”). Read together, these provisions are interpreted as prohibiting internet tobacco products sales.

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

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 tobacco advertising and promotion without exception. Therefore, outdoor advertising of tobacco products is prohibited.

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

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 tobacco advertising and promotion without exception. This is interpreted as prohibiting point of sale advertising and promotion of tobacco products.

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

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 contains a definition of “display” but does not utilize this term in any operative provisions.

The law prohibits all forms of tobacco advertising and promotion without exception and includes broad definitions of the terms “advertising for tobacco and the promotion of tobacco” and “promotion.” This is interpreted as prohibiting tobacco point of sale product display.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect. For greater clarity, the law or forthcoming administrative order implementing 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 specifically prohibits selling tobacco products using vending machines.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting vending machine sales and aligns with FCTC. Art. 16 regarding ensuring vending machines are not accessible to minors.

Conventional mail

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

The law prohibits all forms of tobacco advertising and promotion without exception. Therefore, tobacco advertising and promotion via conventional mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits all forms of tobacco advertising and promotion without exception. 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 in this respect.

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 tobacco advertising and promotion without exception. Therefore, tobacco advertising and promotion through brand marking is prohibited.

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

Free distribution of tobacco products

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

The law prohibits the free distribution of tobacco products to the public.

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 in this respect.

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 offering or giving a gift, discount, or the right to participate in a contest in exchange for the purchase of a tobacco product. This is interpreted as prohibiting all promotions with a tobacco product purchase.

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

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 specifically prohibits offering or giving the right to participate in a contest in exchange for the purchase of a tobacco product. Although the law does not directly address competitions associated with tobacco products or brand names that do not require the purchase of a tobacco product, the law is interpreted as prohibiting such competitions under the general prohibition on tobacco advertising and promotion. Therefore, the regulatory status code “Banned” is given.

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

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 tobacco advertising and promotion without exception. This is interpreted as prohibiting tobacco advertising and promotion via direct person to person targeting of individuals.

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

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 tobacco advertising and promotion without exception, as well as “advertising or publicity on behalf of an institution, a service, an activity, a product or an article other than tobacco … when, owing to its graphics, its presentation, the use of a brand, an advertising emblem or any other distinctive sign, it calls to mind tobacco or a tobacco product.” It also prohibits providing an accessory with “an element of the brand of a tobacco product for free or in exchange for purchasing a product, or the performance of a service.” Read together, these provisions are interpreted as prohibiting tobacco advertising and promotion through brand stretching/trademark diversification.

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

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 tobacco advertising and promotion without exception, as well as “advertising or publicity on behalf of an institution, a service, an activity, a product or an article other than tobacco … when, owing to its graphics, its presentation, the use of a brand, an advertising emblem or any other distinctive sign, it calls to mind tobacco or a tobacco product.” Read together, this is interpreted to prohibit reverse brand stretching.

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

Toys that resemble tobacco products

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

The law prohibits toys that resemble tobacco products.

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

Candy that resembles tobacco products

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

The law prohibits candy that resembles tobacco products.

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

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 tobacco advertising and promotion without exception. The definition of “advertising for tobacco and the promotion of tobacco” is broad enough to cover retailer incentive programs because it includes any commercial action for the purpose or effect of promoting, either directly or indirectly, a tobacco product or the use of tobacco. Thus, the law is interpreted as prohibiting retailer incentive programs.

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

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 tobacco advertising and promotion without exception. The definition of “advertising for tobacco and the promotion of tobacco” is broad enough to cover paid placement because it includes any commercial action for the purpose or effect of promoting, either directly or indirectly, a tobacco product or the use of tobacco. Thus, the law is interpreted as prohibiting paid placement of tobacco products in TV, film, and other media.

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

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 tobacco advertising and promotion without exception. The definition of “advertising for tobacco and the promotion of tobacco” is broad enough to cover unpaid depiction because it includes any kind of communication, recommendation, or commercial action for the purpose or effect of promoting, either directly or indirectly, a tobacco product or the use of tobacco. Thus, the law is interpreted as prohibiting unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect. However, the law could be improved by defining “advertising for tobacco and the promotion of tobacco” to specifically include those communications, recommendations, and actions that also have the “likely effect” or promoting tobacco products or use.

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 tobacco industry sponsorship of events and activities as well as defined “corporate social responsibility” activities, which could include contributions to individuals, organizations, and arguably governments for promoting “good causes” or social responsibility. However, because the law does not cover all contributions to all individuals, organizations, or governments for any purpose, the law is interpreted to prohibit only some tobacco sponsorship, and 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 publicity of tobacco industry sponsorship.

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 prohibits only some tobacco sponsorship but prohibits all forms of tobacco advertising and promotion without exception, as well as publicity “when, owing to … graphics, its presentation, the use of a brand, an advertising emblem or any other distinctive sign, it calls to mind tobacco or a tobacco product.” Read together, this is interpreted to prohibit publicity of permitted financial or other sponsorship or support by the tobacco industry.

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

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 misleading tobacco product packaging and labeling as well as all forms of tobacco advertising and promotion without exception. Read together, this is interpreted as prohibiting all forms of misleading promotion.

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