LANGUAGE
Last updated: October 8th 2019

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.
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Analysis:

The law does not ban tobacco advertising and promotion on TV, radio, and other domestic broadcast media specifically, but GLTC Art. 23 and RGLTC Art. 40 provide that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. This is interpreted as banning advertising, promotion and sponsorship via domestic TV, radio, and other broadcast media.

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

Domestic newspapers and magazines

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.
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Analysis:

The law and regulations specifically allow tobacco advertising and promotion aimed at adults through adult magazines.

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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.
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Analysis:

The law and regulations specifically allow publicity and promotion of tobacco products aimed at adults through adult magazines, personal communication by mail, and within establishments exclusively for adult access. The regulations restrict the advertising exposed inside establishments for adult access to only print media.

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

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

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

GLTC Art. 23 and RGLTC Art. 40 provide that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. RGLTC Art. 42 provides that advertising broadcast in the country, regardless of its source, will be adapted to the provisions of Mexican law. This is interpreted as banning advertising and promotion via international TV, radio, and other forms of broadcast media, including satellite and cable.

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

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.
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Analysis:

The law and regulations specifically allow tobacco advertising and promotion aimed at adults through adult magazines. However, the law is silent as to whether the regulations apply to cross-border newspapers and magazines (i.e., whether tobacco advertisements aimed at adults in adult magazines from another country would be allowed). Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Some Restrictions.”

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising and promotion without exemption, as provided in Guidelines para. 11. The law should explicitly apply the ban to both domestic and cross-bordering advertising and promotion, including newspapers and magazines.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

The law and regulations do not address internet communications specifically, but Art. 23 of GLTC provides that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. This is interpreted as banning advertising and promotion via internet communications.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Internet tobacco product sales

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

Article 16(IV) of GLTC specifically prohibits internet sales of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.

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

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

The law and regulations do not address outdoor advertising specifically but Art. 23 of GLTC provides that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. This is interpreted as banning outdoor advertising.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Point of sale advertising/promotion

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

Analysis:

The law and regulations allow tobacco advertising and promotion via print media within establishments that restrict access to adults only, which could include points of sale. In addition, RGLTC Art. 49 provides that point of sale advertising of tobacco products must be limited to the product’s name and price, written in black print on a white background, and must not include written or visual information that might make it possible or lead the consumer to think that one of the products or brands represents less risk to consumers.

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Point of sale product display

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

The regulations do not directly address point of sale product displays as a form of tobacco advertising and promotion covered by ban set forth in Art. 23 of the GLTC. However, RGLTC Art. 31 provides that pack warnings must be visible at all times, including the time of display at points of sale and that during the display and marketing of tobacco products it is forbidden to cover, distort, or obstruct the visibility of health warnings. This is interpreted as allowing display of tobacco products at points of sale. RGLTC Art. 50 also imposes on persons who display tobacco products in establishments that market, sell, distribute, supply, or dispense tobacco products only to include specified information (e.g., quitline phone number, sales to minors are prohibited, telephone number to file a citizen's report for noncompliance).

The Art. 13 Guidelines provide that point of sale displays are a form of advertising and promotion and should be prohibited. To align with the FCTC and Guidelines, a comprehensive ban should clearly apply to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Vending machines

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

The law specifically bans vending machine sales of tobacco products.

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

Conventional mail

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.
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Analysis:

The law and regulations specifically allow publicity and promotion by way of personal communications via mail aimed at adults, with content restrictions.

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Telephone and cellular phone

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

The law does not address tobacco advertising and promotion via telephone and cellular phone specifically, but Art. 23 of the law provides that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The ban is interpreted, therefore, as covering tobacco advertising and promotion through the telephone and cellular phone.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in the Guidelines para. 11.

Brand marking on physical structures

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.
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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 and regulations specifically allow tobacco advertising and promotion via print media within establishments that restrict access to adults only, which could include entertainment venues and retail outlets. It is interpreted that print media can be used not just for words but also for printed designs, images, logos, and colors.

To align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Free distribution of tobacco products

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

The law specifically prohibits distribution of free tobacco products.

This provision meets FCTC Art. 16 (sales to minors) and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Promotions with a tobacco product purchase

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

GLTC Art. 24 specifically prohibits the use of incentives to promote the purchase of tobacco products. In addition, the definition of “publicity and promotion of tobacco products” includes discounts, incentives, and rebates.

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

Analysis:

The law does not prohibit competitions specifically but provides that publicity and promotion may only be aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The ban is interpreted, therefore, as including competitions associated with tobacco products. In addition, GLTC Art. 24 specifically prohibits the use of incentives to promote the purchase of tobacco products and this is interpreted to include competitions associated with tobacco products.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Direct person to person targeting of individuals

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

Advertising and promotion are only allowed via adult only magazines, personal communication by mail, and print media in adult only establishments pursuant to GLTC Art. 23. All other forms of direct targeting, including person-to-person, are interpreted as prohibited under GLTC Art. 23 and RGLTC Art. 40.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person-to-person marketing.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law specifically prohibits promotion through any non-tobacco product that contains some of the brand elements or any type of design or auditory sign that identifies it with tobacco products.

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

Analysis:

The law does not specifically prohibit reverse brand stretching, but the ban on all forms of tobacco advertising and promotion, other than that aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access, is interpreted as including reverse brand stretching.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive should ban to all tobacco advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Toys that resemble tobacco products

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

GLTC Art. 16(VI) prohibits a non-tobacco product which contains some of the brand elements or any type of design or auditory sign that identifies it with tobacco products. Article 48 of the Regulations provides that tobacco products advertising will be understood as encouraging tobacco use when they are directly or indirectly associated with food and beverages or other goods or services.

In addition, the law and regulations only allow tobacco advertising and promotion that is aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The ban is interpreted, therefore, as including toys that resemble tobacco products.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Candy that resembles tobacco products

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

GLTC Art. 16(VI) prohibits a non-tobacco product which contains some of the brand elements or any type of design or auditory sign that identifies it with tobacco products. Article 48 of the Regulations provides that tobacco products advertising will be understood as encouraging tobacco use when they are directly or indirectly associated with food and beverages or other goods or services.

In addition, the law and regulations only allow tobacco advertising and promotion that is aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The ban is interpreted, therefore, as including candy that resembles tobacco products.

However, to align with FCTC Art. 13 and the Guidelines, the law should apply a comprehensive ban to all advertising, promotion and sponsorship without exemption, as provided in Guidelines para. 11.

Retailer incentive programs

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 does not specifically address retailer incentive programs. The definition of “publicity and promotion of tobacco products” includes commercial actions with the purpose or effect of promoting tobacco products by any means, including incentives.

FCTC Art. 13 Guidelines para. 8 and Footnote 1 provide that commercial actions include various sales and/or distribution arrangements, e.g., incentive schemes for retailers and display at points of sale. The ban is interpreted, therefore, as prohibiting retailer incentive programs.

However, to align with FCTC Art. 13 and the Guidelines, the law should clearly prohibit 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.
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Analysis:

Paid placement is not specifically addressed in the law or regulations. However, the law and regulations allow only tobacco publicity and promotion that is aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The definition of “publicity and promotion of tobacco products” includes commercial actions that promote tobacco consumption. The ban is interpreted, therefore, as including the commercial action of 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.

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.
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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:

Unpaid depiction of tobacco use or a tobacco product is not specifically addressed in the law or regulations. The law and regulations allow only tobacco publicity and promotion that is aimed at adults through adult magazines, personal communication by mail, or within establishments exclusively for adult access. The definition of "publicity and promotion of tobacco products" includes all types of communication, recommendation, and commercial action with the purpose or effect of promoting tobacco. Therefore, the law is interpreted as prohibiting unpaid depiction of tobacco products or use under the general ban on tobacco publicity and promotion. The exemptions are not applicable.

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

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.
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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 carrying out any form of sponsorship as a means of placing the elements of any brand of tobacco products or that promotes the purchase and use of tobacco products by the population. Sponsorship is defined as “all ways of contributing to any act, activity, or individual with the goal or effect of promoting tobacco products and consumption of tobacco.” The law does not expressly prohibit contributions to organizations or governments.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the financial contributions. To align, the law should prohibit all contributions to activities, events, individuals, organizations, or governments that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.

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

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.
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Analysis:

The law prohibits any forms of sponsorship as a means of placing tobacco product brand elements or promoting the purchase or use of tobacco products. Sponsorship is defined as “all ways of contributing to any act, activity, or individual with the goal or effect of promoting tobacco products and consumption of tobacco.” However, the law also permits promotion of tobacco products aimed at adults, so it is unclear whether contributions to events that promotes tobacco products to adults is permitted under the law. Additionally, the law does not expressly prohibit contributions to organizations or governments.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of sponsorship. To align, the law should prohibit all tobacco sponsorship and publicity thereof.

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 regulations prohibit advertising and promotion that indicate that a product: is less harmful than another because of its emissions, ingredients, or properties which it lacks or that are false; is mistaken or deceitful; or creates the erroneous impression regarding its characteristics, health effects, risks, and emissions.

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