LANGUAGE
Last updated: October 4th 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 prohibits tobacco advertising in any form including on television and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits tobacco advertising in any form including in printed media such as newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic 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.
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Analysis:

The law prohibits tobacco advertising in any form including in printed media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other printed media.

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:

The law prohibits any form of advertising and promotion of tobacco products initiated in the territory of the Republic of Moldova and having a cross-border effect. The law also defines cross-border advertising of tobacco products as acts that originate within Moldova and enter other countries, as well as advertising acts that originate in other countries and enter Moldova. Read together, the law is interpreted as prohibiting international TV and radio advertising of tobacco products.

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

International newspapers and magazines

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

The law prohibits any form of advertising and promotion of tobacco products initiated in the territory of the Republic of Moldova and having a cross-border effect. The law also defines cross-border advertising of tobacco products as acts that originate within Moldova and enter other countries, as well as advertising acts that originate in other countries and enter Moldova. Read together, the law is interpreted as prohibiting international newspapers and magazines advertising tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international 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 prohibits tobacco advertising in any form including over the internet.

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

Internet tobacco product sales

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

The law prohibits tobacco sales via the internet.

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

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 prohibits tobacco advertising in any including printed media. The law further specifies that outdoor advertising is prohibited. Therefore, the law prohibits outdoor advertising on billboards and posters.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Point of sale advertising/promotion (other than product displays)

Analysis:

The law prohibits tobacco advertising in any form including advertising outside and inside wholesale and retail outlets that sell tobacco products. Therefore, the law prohibits point of sale advertising and promotion

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

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

The law prohibits point of sale product display, permitting only a list of tobacco and related products available for sale to be printed with black lettering on white paper to be presented by the seller upon request from an adult buyer. However, this provision of the Tobacco Control Law does not go into effect until May 20, 2020.

The current law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display; however, when the clause becomes effective in 2020, the law will align with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Vending machines

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

The law prohibits tobacco product sales through commercial vending machines.

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

Conventional mail

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

The law prohibits tobacco advertising in any form, including via conventional mail.

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

Telephone and cellular phone

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

The law prohibits tobacco advertising in any form, including via telephone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising via telephone.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 prohibits tobacco advertising in any form. The law provides a limited exception allowing trademark or logo of a tobacco product to be placed in the main headquarters of a tobacco manufacturer, importer, or wholesaler of tobacco products as well as on promotional material intended exclusively for distribution to those in the tobacco industry. Taken together, it is inferred that brand marking on anything other than internal tobacco industry buildings and documents is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising via brand marking.

Free distribution of tobacco products

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

The law prohibits the free distribution of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets the requirements of FCTC Art. 16 with respect to prohibiting free distribution of tobacco products.

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:

The law prohibits tobacco promotion in any form. Tobacco promotion is broadly defined to include any commercial action with the aim, or direct or indirect effect, of promoting sales and increasing the consumption of tobacco products. Promotional discounts, gifts, and prizes in conjunction with a tobacco product purchase have the aim and likely effect of increasing tobacco consumption. Therefore, such actions are prohibited under the general ban on tobacco promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, and prizes to consumers in conjunction with a tobacco product purchase.

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 prohibits tobacco advertising and promotion in any form. Tobacco promotion is broadly defined to include any commercial action with the aim, or direct or indirect effect, of promoting sales and increasing the consumption of tobacco products. Competitions associated with tobacco products have the aim and likely effect of increasing tobacco consumption. Therefore, such actions are prohibited under the general ban on tobacco promotion.

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.
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Analysis:

The law prohibits all forms of tobacco advertising and promotion. Tobacco advertising and promotion is broadly defined to include any commercial action with the aim, or direct or indirect effect, of promoting sales and increasing the consumption of tobacco products. Direct person to person advertising has the aim and likely effect of increasing tobacco consumption. Therefore, such actions are prohibited under the general ban on tobacco promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person targeting of individuals.

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 prohibits the use of trademarks of tobacco products to promote other services or the use of trademarks of other products and services to promote 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 prohibits the use of other trademarks to promote tobacco products.

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

Toys that resemble tobacco products

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

The law prohibits the sale of 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.
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Analysis:

The law prohibits the sale of food 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

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 prohibits tobacco promotion and sponsorship in any form. “Promotion of tobacco products” is broadly defined to include any commercial action with the aim, or direct or indirect effect, of promoting sales and increasing the consumption of tobacco products. The prohibition of tobacco sponsorship includes any public or commercial actions or initiatives where the trademark or name of the tobacco product becomes visible, as well as any voluntary contribution offered or made by representatives of the tobacco industry with the aim of promoting corporate image.

Retailer incentive programs have the aim and likely effect of increasing tobacco consumption, and promote the corporate image of tobacco companies. Therefore, such actions are prohibited under the general ban on tobacco promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct 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:

The law prohibits tobacco advertising, promotion and sponsorship in all forms. “Promotion of tobacco products” is broadly defined to include any commercial action with the aim, or direct or indirect effect, of promoting sales and increasing the consumption of tobacco products. Tobacco sponsorship includes any contribution to any event, activity, or individual person with the aim or effect of promoting sales or consumption of tobacco products.

Paid placement of tobacco products in the media have the aim and likely effect of increasing tobacco consumption, and promote the corporate image of tobacco companies. Therefore, such actions are prohibited under the general ban on tobacco promotion and sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products on TV, film, or other media.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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

The law does not address unpaid depiction of tobacco use or tobacco products in TV, film, or other media. The definition of tobacco advertising encompasses “commercial” actions only. Because unpaid depiction is not “commercial,” it is not banned under the comprehensive ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction in accordance with FCTC Art. 13 Guidelines paras. 29-32.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 all tobacco advertising, promotion and sponsorship, including through sponsorship or support of public or commercial actions or initiatives in any other form that have the aim or effect of promoting tobacco products or tobacco consumption. Representatives of the tobacco industry are specifically prohibited from offering any contributions to individuals, organizations, communities, or other entities with the aim of promoting directly or indirectly tobacco products or consumption of tobacco products. Additionally, any contribution offered or made by representatives of the tobacco industry with the aim of promoting corporate image is considered a prohibited contribution.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco 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.
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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.
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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 tobacco advertising, promotion and sponsorship. Additionally, the law specifically prohibits any activity that misleads or creates an erroneous impression about the characteristics of tobacco products and their impact on health. The law similarly prohibits any misleading information or descriptors from appearing on tobacco packaging.

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