LANGUAGE
Last updated: September 20th 2017

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 PH Regulations 2008 prohibit advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion on domestic TV and radio and other domestic broadcast media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV, radio, and other broadcast media (e.g., satellite, cable).

Domestic newspapers and magazines

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

The PH Regulations 2008 prohibit advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion 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 and promotion in domestic newspapers and magazine.

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 PH Regulations 2008 prohibit advertising and promotion of tobacco products. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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 bans advertising and promotion of tobacco products through media or any other means. The ban, however, makes no mention of its application to international broadcast media.

The ban would likely be interpreted to include advertising entering Mauritius because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from Mauritius. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and international media, including TV, radio, and other means of broadcast such as satellite and cable.

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 PH Regulations ban advertising and promotion of tobacco products through media or any other means. The ban, however, makes no mention of its application to international newspapers and magazines. The ban would likely be interpreted to include print media advertising entering Mauritius because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from Mauritius. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion, including in cross-border newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

The PH Regulations 2008 prohibit advertising and promotion of tobacco products. The definition of “advertise” includes “any commercial communication through media or any other means.” Therefore, tobacco advertising and promotion via internet communications is prohibited.

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

Internet tobacco product sales

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

The PH Regulations 2008 ban advertising of tobacco products through the internet but do not address internet tobacco sales specifically. Internet tobacco product sales are currently allowed.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 18–19, the law should prohibit internet sales of tobacco products, as these sales inherently involve tobacco advertising and promotion.

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

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

The PH Regulations ban advertising and promotion of tobacco products through media or any other means. Therefore, outdoor advertising of tobacco products is prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco 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 PH Regulations ban advertising and promotion of tobacco products through media or any other means. Therefore, point of sale advertising and promotion of tobacco products is prohibited.

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

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 PH Regulations prohibit the display of tobacco products at point of sale “except in duty-free shops at the airports of Mauritius and Rodrigues.” The Consumer Protection Act, however, requires a trader to display one specimen of every good offered for sale. Legally, the PH Regulations should prevail, as the PH Regulations were passed later in time.

In practice, retailers display one pack of every available tobacco product behind the counter at the point of sale. Further, in practice, “duty-free” shops located in downtown Mauritius also display tobacco products even though these shops are not exempt from the product display prohibition.

For the law to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all product displays should be banned, including at all duty-free shops, and the Consumer Protection Act should be amended accordingly for tobacco products.

Vending machines

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

The PH Regulations specifically prohibit the sale of tobacco products by 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 regard to vending machine sales of tobacco.

Conventional mail

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

The PH Regulations ban advertising and promotion of tobacco products through media or any other means. Therefore, advertising and promotion of tobacco products by conventional mail is prohibited.

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

Telephone and cellular phone

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

The PH Regulations ban advertising and promotion of tobacco products through media or any other means. Therefore, advertising and promotion of tobacco products by telephone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion of tobacco products by telephone.

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 PH Regulations ban advertising and promotion of tobacco products through media or any other means, and specifically prohibit the use of a trademark, manufacturer’s name, logo, or brand name associated with a tobacco product. The broad definition of “advertise” encompasses signs, symbols, and other visual images. Therefore, advertising and promotion of tobacco products by brand marking is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion of tobacco products by brand marking.

Free distribution of tobacco products

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

The PH Regulations prohibit advertising and promotion of tobacco products. The definition of promotion includes “the offer or supply of a tobacco product free of charge.” Thus, 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 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 PH Regulations prohibit advertising and promotion of tobacco products. The definition of promotion includes “any act intended to or likely to encourage, directly or indirectly, the purchase or use” of a tobacco product including “the offer or supply of a tobacco product free of charge, at a discounted price, as a prize pursuant to a lottery or otherwise.” Thus, promotions of this nature are prohibited.

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 PH Regulations prohibit advertising and promotion of tobacco products through media or any other means, and specifically prohibit advertising and promotion of a trademark, manufacturer’s name, logo, or brand name associated with a tobacco product. This broad prohibition encompasses 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.

Direct person to person targeting of individuals

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

The PH Regulations prohibit advertising and promotion of tobacco products through media or any other means. Therefore, direct person-to-person targeting of individuals is banned.

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

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 PH Regulations prohibit advertising and promotion of a trademark, manufacturer’s name, logo, or brand name associated with a tobacco product. Therefore brand stretching is banned. 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 PH Regulations prohibit advertising and promotion of anything associated with a tobacco product. This provision is interpreted to cover reverse brand stretching, which is therefore prohibited.

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

Toys that resemble tobacco products

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

The PH Regulations specifically prohibit the sale of sweets, snacks, toys, and any other object that resembles cigarettes or cigars.

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

Candy that resembles tobacco products

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

The PH Regs specifically prohibit the sale of sweets, snacks, toys, and any other object that resembles cigarettes or cigars.

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

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 PH Regs prohibit advertising and promotion of tobacco products through media or any other means. Promotion is broadly defined to cover any “act intended to or likely to encourage . . . the purchase or use” of a tobacco product. Thus, retailer incentive programs are covered by the prohibition.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 PH Regulations prohibit advertising and promotion of tobacco products through media or any other means. Promotion is broadly defined to cover any “act intended to or likely to encourage . . . the purchase or use, or to create awareness” of a tobacco product. Thus, paid placement of tobacco products in TV, film, or other media is covered by the prohibition.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 PH Regulations do not specifically address unpaid depiction of tobacco products or use in the media. However, given the broad definition of “promote,” the PH Regulations are interpreted as prohibiting unpaid depiction of tobacco products or use under the provision prohibiting promotion of a tobacco product or tobacco consumption.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.

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 offering any sponsorship in relation to a tobacco product, a trademark, manufacturer’s name, logo, or brand name associated with a tobacco product, or any other such thing associated with a tobacco product. “Sponsorship” is defined as “any form of contribution to any event, activity, or individual with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.”

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 PH Regulations prohibit all forms of tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

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 or deceptive, or that are likely to create an erroneous impression.