LANGUAGE
Last updated: September 25th 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:
A penalty applies to persons who “publicize [tobacco products] for wide distribution and sale . . .” by broadcasting or displaying in specified media, including TV and radio. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning tobacco advertising via domestic TV and radio, but it would be clearer if the term “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
A penalty applies to persons who “publicize [tobacco products] for wide distribution and sale . . .” in specified print media, including newspapers and magazines. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via domestic newspapers and magazines, but it would be clearer if the term “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

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:
A penalty applies to persons who “publicize [tobacco products] for wide distribution and sale . . .” in specified media, including newspapers, journals, magazines and pamphlets, and “by any other means.” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via domestic print media, but the law would be clearer if the term “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

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:
Although the law provides a penalty to persons who publicize on TV and radio, it does not specify application of the penalty to international TV and radio. As a result, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international broadcast media, the term “tobacco advertising and promotion” should be used and defined consistently with FCTC Art. 1(c) and international media should be clearly covered.

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:
Although the law applies a penalty against persons who publicize in newspapers and magazines, it does not specify application of the penalty to international newspapers and magazines. As a result, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international broadcast media, the term “tobacco advertising and promotion” should be used and defined consistently with FCTC Art. 1(c) and international media should be clearly covered.

Internet communications

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

Internet communications (not sales)

Analysis:
The law provides a penalty against persons who “publicize [tobacco products] for wide distribution and sale . . .”, including by “communication systems using high technology from the mass media channels.” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications, but would be clearer if the term “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

Internet tobacco product sales

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 does not specifically ban internet tobacco product sales. Rather the law provides a penalty against persons who “publicize [tobacco products] for wide distribution and sale . . .” including by “communication system using high technology from the mass media channels”. Because the law does not specifically ban product sales via the internet, however, and because the law does not define what is meant by “publicize”, the regulatory status code “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion, including internet tobacco product sales, and use and define “tobacco advertising and promotion” consistently with FCTC Art. 1(c).

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law provides a penalty against persons who “publicize [tobacco products] for wide distribution and sale . . .” , including by setting by signboards, hanging, and affixing advertisements, and advertising and publicizing tobacco products, and by any other means. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising, but would be clearer if the term “tobacco advertising and promotion” were defined consistently with FCTC Art. 1(c).

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.

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

Analysis:
There is no specific ban on point of sale advertising and promotion. Rather, the law applies a penalty for publicizing tobacco products “for wide distribution and sale” using a variety of specified means, some of which (e.g., signs, some forms of free distribution) are likely to be utilized at point of sale. However, some forms of promotion (e.g., discounts) likely to be used at point of sale are not prohibited. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion, all point of sale tobacco advertising and promotion should be banned. In addition, the law would be clearer if “tobacco advertising and promotion” were defined consistently with FCTC Art. 1(c).

Point of sale product display

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 does not specifically prohibit point of sale product displays. Rather, it applies a penalty for advertising or publicizing tobacco products “for wide distribution and sale” by any means. Because the law does not define what is meant by “advertising” or “publicizing”, it is uncertain whether point of sale product displays would be considered as advertising/publicizing tobacco products. To clearly align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion, including tobacco product displays, and define “tobacco advertising and promotion” consistently with FCTC Art. 1(c).

Vending machines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law specifically provides a penalty for selling tobacco products by vending machines. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law does not specifically ban advertising and promotion by mail, but it applies a penalty for acts that publicize tobacco products “for wide distribution and sale” carried out by any means. It is interpreted that tobacco advertising through mail is a means of advertising and promotion with a wide distribution. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising by mail, but it would be clearer if “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law does not specifically ban advertising and promotion by telephone but it applies a penalty for acts that publicize tobacco products for wide distribution and sale” by any means. It is interpreted that tobacco advertising through telephone and cellular phone is a means of advertising and promotion with a wide distribution. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising by phone and cellular phone, but would be clearer if tobacco advertising and promotion were specifically banned through phone and cellular phone and “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

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 provides a penalty against persons who “publicize [tobacco products] for wide distribution and sale . . .”, including “describing the label of cigar and tobacco product on any personal goods.” This is interpreted as prohibiting brand marking. In addition, the law provides a penalty for carrying out publicity of tobacco products for wide distribution and sale by any other means. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking, but would be clearer if “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

Free distribution of tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law specifically bans giving tobacco products as a gift or doing so jointly with distributing or selling tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to free distribution of tobacco products.

Promotions with a tobacco product purchase

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.

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 specifically bans giving any article in distributing or selling tobacco products, but not all forms of promotion in connection with the purchase of a tobacco product, such as discounts. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned, including all types of promotion with a tobacco product purchase. In addition, the law would be clearer if the term “tobacco advertising and promotion” were used and defined as in FCTC Art. 1(c).

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 does not specifically ban competitions associated with tobacco products, but it does prohibit giving any article in distributing or selling tobacco products. It is interpreted that there would be a prize given for winning a competition, which would fall under the prohibition. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products, but would be clearer if “tobacco advertising and promotion” were defined consistently with FCTC Art. 1(c).

Direct person to person targeting of individuals

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not specifically ban direct person to person targeting of individuals but applies a penalty for acts that “publicize tobacco products “for wide distribution and sale” carried out by any means. However, it is interpreted that direct person to person targeting through means such as making pitches in small venues such as bars would not be a form of publicizing for wide distribution and sale. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should ban all tobacco advertising and promotion, including direct person to person targeting of individuals and use and define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c).

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 applies a penalty specifically for producing, distributing, or selling other goods showing the label of a tobacco product. Although services are not mentioned, the application of a penalty for publicizing tobacco product for wide distribution and sale by any means is interpreted as covering brand stretching with respect to services as well. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching, but would be clearer if the term “tobacco advertising and promotion” were used and defined consistently with FCTC Art. 1(c).

Reverse brand stretching or brand sharing

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

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

Analysis:
This form of tobacco advertising and promotion does not fit within any of the banned forms or means specified in the law. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all forms of tobacco advertising and promotion, including reverse brand stretching should be banned and “tobacco advertising and promotion” should be used and defined in accordance with FCTC Art. 1(c).

Toys that resemble tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law applies a penalty specifically for production, distribution, or sale of toys, edibles, or wares made in the form of a tobacco product. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys resembling a tobacco product.

Candy that resembles tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:
The law applies a penalty specifically for production, distribution, or sale of toys, edibles, or wares made in the form of a tobacco product. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy resembling a tobacco product.

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:
This form of advertising and promotion does not fit within any of the banned forms or means specified in the law. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned. And the term “tobacco advertising and promotion” should be used and defined consistently with FCTC Art. 1(c).

Paid placement of tobacco products in TV, film or other media

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 does not specifically ban paid placement. Rather, it applies a penalty for acts that publicize tobacco products “for wide distribution and sale” specifically by broadcasting or displaying by radio, film, television, and video or by communication system using high technology from mass media channels. Since the law does not define what is meant by “publicize”, however, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement in the media, the law should clearly use and define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c) and clearly cover paid placement under the ban.

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

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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 specifically ban unpaid paid placement other than for legitimate expression purposes. Rather, the law applies a penalty for acts that publicize tobacco products “for wide distribution and sale” specifically by broadcasting or displaying by radio, film, television, and video or by communication system using high technology from mass media channels. Since the law does not define what is meant by “publicize”, however, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to un paid placement in the media, the law should clearly use and define the term “tobacco advertising and promotion” in accordance with FCTC Art. 1(c) and clearly cover unpaid placement that is not necessary for legitimate expression.

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 does not define “sponsorship” but applies a penalty for sponsoring or rendering service to athletic games, funfairs or exhibitions, or any welfare activity as a means to “publicize tobacco products for wide distribution and sale.” The law does not prohibit sponsorship of other events, activities, individuals, organizations, or governments. Because “sponsorship” is not defined, however, the full scope of the ban is unclear. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco sponsorship, including contributions by tobacco companies, regardless of how or whether the contribution is acknowledged or publicized. Additionally, the law would be clearer if “tobacco sponsorship” were defined consistently with FCTC Art. 1(g).

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.
Analysis:
The law does not define “sponsorship” but applies a penalty for sponsoring athletic games, funfairs or exhibitions, or any welfare activity as a means to “publicize tobacco products for wide distribution and sale.” The law does not address the publicity of sponsorship of other events, activities, individuals, organizations, or governments. Therefore, the regulatory status “Some Restrictions” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco sponsorship, regardless of how or whether the sponsorship contribution is acknowledged or publicized. Additionally, the law would be clearer if “tobacco sponsorship” were defined consistently with FCTC Art. 1(g).

Promotion by any means that are false, misleading or deceptive

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

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 is silent on promotion by any means that are false, misleading, or deceptive. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban promotion by false, misleading, or deceptive means for any tobacco advertising, promotion or sponsorship not banned.