LANGUAGE
Last updated: September 17th 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 and promotion through TV and radio and other electronic media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio and other broadcast media.

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 and promotion through “newspaper . . . writing, visual . . . or any other media.” Therefore, tobacco advertising and promotion through domestic newspapers and magazines is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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 and promotion through “logo, signage, writing, visual . . . or any other media.” Therefore tobacco advertising and promotion through domestic print media, such as pamphlets, leaflets, flyers, posters and signs, is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through domestic print media.

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

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 tobacco advertising and promotion through TV and radio. The 2014 Directive clearly states that this prohibition on advertising inside the Nepal border applies to both domestic and foreign parties. Therefore, the law appears to ban incoming cross-border tobacco advertising and promotion. However, because the law does not specifically address outgoing cross-border tobacco advertising and promotion, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising, promotion and sponsorship to include both incoming and outgoing cross-border tobacco advertising, promotion and sponsorship.

International 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 prohibits tobacco advertising and promotion through “newspaper . . . writing, visual . . . or any other media.” The 2014 Directive clearly states that this prohibition on advertising inside the Nepal border applies to both domestic and foreign parties. Therefore, the law appears to ban incoming cross-border tobacco advertising and promotion. However, because the law does not specifically address outgoing cross-border tobacco advertising and promotion, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly apply the ban on tobacco advertising, promotion and sponsorship to include both incoming and outgoing cross-border tobacco advertising, promotion and sponsorship.

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 and promotion through internet.

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

Internet tobacco product sales

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

The 2014 Directive expressly prohibits the sale of tobacco products “via electronic and social media such as the Internet, various websites, Facebook, and Twitter etc.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product 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 by “hoarding board [bill board], wall painting, logo, signage, writing, visual . . . or any other media.” The 2014 Directive further prohibits posters, wall charts, etc. These provisions are interpreted as prohibiting all outdoor advertising.

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 the decoration of a point of sale in a way that draws attention to tobacco products or the display of such products. In addition, the 2014 Directive prohibits decorating a point of sale to advertise, promote, or sponsor tobacco products. These provisions are interpreted as prohibiting all tobacco advertising and promotion at point of sale.

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

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

The law prohibits the decoration of a point of sale in a way that draws attention to tobacco products or the display of such products. This provision is interpreted as prohibiting point of sale tobacco product display. Moreover, the 2014 Directive prohibits the display and decoration of the vending site with tobacco products.

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

Vending machines

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

The 2014 Directive expressly prohibits the installation of vending machines to sell tobacco products, effectively prohibiting the sale of tobacco products via vending machines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to sale by 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 and promotion through “logo, signage, writing, visual . . . or any other media.” Further, advertising via mail is specifically prohibited by the 2014 Directive.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via 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 and promotion through electronic media, which is interpreted to include telephone and cellular phone. In addition, the 2014 Directive expressly prohibits telemarketing and tobacco advertising and promotion via mobile phone (talk, text, send pictures, etc.).

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

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 Tobacco Products Regulations prohibit the manufacture of any products or the conducting or any services using the brand name or trademark of tobacco products. This provision is interpreted to ban brand marking of venues and outlets with tobacco brand names or trademarks, as these are places that offer services. In addition, brand manufacturers are specifically prohibited from using brand marking at recreational sites, retail stores, and on vehicles and equipment.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 FCTC Art. 16 (sales to minors) with respect to free distribution of tobacco products.

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 2014 Directive prohibits giving items such as key rings, t-shirts, baseball hats, lighters, or similar items in conjunction with the purchase of a tobacco product. The Directive also prohibits distributing coupons or offering a royalty plan in conjunction with purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to offering promotional discounts, gifts, prizes, or other rewards 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.

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

Analysis:

The 2014 Directive prohibits manufacturers and related parties from promoting prize giving. This provision is interpreted as prohibited competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not. The Directive further prohibits organizing any type of program, function, event, or activity that advertises or promotes tobacco products; and any contest or competition related to tobacco product brand names.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products or brand names.

Law Source, Section

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 tobacco advertising and promotion through “visual, audio, mark, through a person or any other media.” This provision precludes all forms of direct marketing, including direct person-to-person targeting.

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

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:

Although the law does not address brand stretching specifically, the law is interpreted as prohibiting brand stretching under the broad ban on tobacco advertising, promotion and sponsorship and given the relatively broad definition of “promotion or advertisement.” Section 40 of the 2014 Directive prohibits any promotion and advertisement of tobacco products through any medium.

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 Tobacco Products Act prohibits manufacturing tobacco products using the same brand name or trademark of another industry or product. This is reinforced in the 2014 Directive. Therefore, all reverse brand stretching is prohibited.

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 production of any product in the shape of a cigarette, quid of tobacco (beedi), or cigar. Therefore, toys resembling tobacco products are banned.

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 production of any product in the shape of a cigarette, quid of tobacco (beedi), or cigar. Therefore, candy resembling tobacco products is banned.

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.

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 2014 Directive prohibits any manufacturer from providing “any type of financial, technical, material or structural contribution or assistance that may promote, advertise or sponsor tobacco products.” This is interpreted as banning retailer incentive programs. Moreover, the Directive also specifically prohibits manufacturers from giving, and retailers from accepting, items such as “empty boxes, cabinets or shelves to arrange tobacco products.”

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

The Tobacco Products Act prohibits tobacco advertising through any form of media. In addition, the 2014 Directive prohibits the production and broadcast of programs, movies, news, and documentaries that advertise or promote tobacco products. The Directive furthers prohibits showing tobacco products, scenes of smoking, tobacco consumption, logos, trademarks, brands, and brand images in media or related outlets. Thus, all paid placement of tobacco products in TV, film, and other media is encompassed by the ban.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

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 2014 Directive prohibits showing tobacco products, scenes of smoking, or tobacco consumption in media or related outlets. This is interpreted as prohibiting unpaid depiction of tobacco products and tobacco use.

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.
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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 tobacco manufacturers from sponsoring any program, news, or information about tobacco products through any media, and from sponsoring any program, function, event, or activity that promotes tobacco products. These specific prohibitions are in addition to a broader ban on all tobacco advertising, promotion and sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to contributions that promote tobacco products or tobacco use. For greater clarity, the law should define “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1 to ensure the ban covers all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

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. For greater clarity, the law should define “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1 to ensure the ban covers all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

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 Directive on Printing and Labeling and the Tobacco Product Regulations prohibit the use on tobacco product packages of “any words or any graphics or symbols that mean ‘mild, very mild, medium, less tar, safe, light’ etc. and that might portray false, misleading or deceitful message regarding health, [or] health risks” of tobacco products. This provision, taken together with the general ban on tobacco advertising and promotion, effectively prohibits promotion by means that are false, misleading, deceptive or likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, deceptive or likely to create an erroneous impression.