LANGUAGE
Last updated: August 17th 2020

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.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes broadcasting and disseminating by any electronic medium. The definition of “tobacco product advertisement” includes any “broadcast or telecast” that encourages the use of tobacco. Therefore, tobacco advertising on domestic TV and radio is prohibited.

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

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes to “insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand.” The definition of “tobacco product advertisement” includes “any words, whether written [or] printed” that encourage tobacco use. Therefore, tobacco advertisements are prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes, among others, to “display by way of a sign, notice, poster, or other means”, to “distribute by any means”, or to “bring to the notice of the public in New Zealand in any other manner.” The definition of “tobacco product advertisement” includes “any words, whether written [or] printed” that encourage tobacco use. Therefore, tobacco advertising via 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 via 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.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. This prohibition applies to radio and television transmissions originating outside New Zealand if the advertisement is targeted primarily at a New Zealand audience. If the advertisement is not targeted primarily at a New Zealand audience, the tobacco advertisement is not prohibited. Therefore, the regulatory status code “Some Restrictions” is given.

Because the law restricts the transmission of radio and television broadcasts that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international TV and radio transmissions, regardless of primary target market.

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.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. This prohibition applies to newspapers and magazines printed outside New Zealand if: 1) the principal purpose of the newspaper or magazine is the promotion of the use of tobacco products, or 2) the newspaper or magazine is intended for sale or distribution primarily in New Zealand. The prohibition does not apply if the newspaper or magazine is not intended principally to promote tobacco products and not intended for sale or distribution primarily in New Zealand. Therefore, the regulatory status code “Some Restrictions” is given.

Because the law restricts the importation of newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of primary target market and primary purpose of the publication.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

Internet communications (not sales)

Analysis:

The law prohibits publishing of any tobacco product advertisement. The law specifically states that an “Internet-sales message” must be treated as a tobacco product advertisement. Moreover, the broad definition of “publish” includes, among others things, to “disseminate by means of any other electronic medium”, to “distribute by any means”, or to “bring to the notice of the public in New Zealand in any other manner”. The definition of “tobacco product advertisement” includes “any words, whether written, printed, or spoken” on any medium. While the law exempts from the advertising ban tobacco advertising in foreign newspapers, magazines, TV, and radio programs under certain circumstances, the law does not exempt tobacco advertising via international internet communications. Therefore, all tobacco advertising via internet communications is prohibited.

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

Internet tobacco product sales

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.
Expand to view related litigation.
Analysis:

The law permits the internet sale of tobacco products provided that the information provided to purchasers is “only in the form of printed or written words” and “does no more than identify the tobacco product and indicate its price.” Section 55 of the Smoke-free Environments Regulations 2017 contains further restrictions on how the information may appear, including limiting it to black text on a white background and specifying the size of the type. Therefore, the regulatory status “Some Restrictions” is given.

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

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes, among other things, to “display by way of a sign, notice, poster, or other means” or to “bring to the notice of the public in New Zealand in any other manner.” The definition of “tobacco product advertisement” includes “any words, whether written [or] printed” that encourage tobacco use. Therefore, tobacco advertising via outdoor advertising is prohibited.

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

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

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

Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes, among other things, to “display by way of a sign, notice, poster, or other means” or to “bring to the notice of the public in New Zealand in any other manner.” The definition of “tobacco product advertisement” includes “any words, whether written [or] printed” that encourage tobacco use. Therefore, tobacco advertising at point of sale is prohibited.

Retailers may display inside a retail establishment a notice indicating, using only printed or written words, that tobacco products are available in general – “TOBACCO AVAILABLE HERE.” The law restricts the size of the sign and the number of signs that are permitted in a retail establishment depending on its size. The sign must also include a graphic health warning. In addition, a retailer’s name displayed outside the place of business may no longer contain “any word or expression signifying that any tobacco product is available” or “the trade mark of a tobacco product or the company name of a tobacco products manufacturer.”

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

Point of sale product display

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits all tobacco product display at the point of sale. Retailers may not allow a tobacco product to be visible from outside the place of sale or anywhere inside the place of sale to which members of the public are allowed access.

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

Vending machines

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.
Expand to view related litigation.
Analysis:

Vending machines may not be located in a place to which members of the public have access. Access to vending machines is restricted to staff on the premises where the vending machine is located. Members of the public (18 and older) may buy cigarettes from the vending machine by asking an employee, who may use a remote controlled device. In addition, tobacco products and packages may not be visible from outside the vending machine. A notice may be displayed that does no more than identify the tobacco products available and indicate their price, using only written or printed words.

The law meets FCTC Art. 16 with respect to sales to minors, and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product display. However, the law may not align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 14, which provides: “Vending machines should be banned because they constitute by their very presence a means of advertising or promotion under the terms of the Convention.” To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the use of vending machines for tobacco product sales.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes, among others, to “send to any person, by post or otherwise.” The definition of “tobacco product advertisement” includes “any words, whether written [or] printed” that encourage tobacco use. Therefore, delivering tobacco advertising by conventional mail is prohibited.

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

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The broad definition of “publish” includes, among others, to “disseminate by means of any other electronic medium”. The definition of “tobacco product advertisement” includes “any words, whether written, printed, or spoken” that encourage tobacco use. Therefore, tobacco advertising via telephone or cellular is prohibited.

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

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

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 the use of a tobacco trademark (which, by definition, includes any brand name, company name, or any other name, work or mark that resembles a trademark, whether registered or not) on any article other than a tobacco product; and prohibits the use of a tobacco trademark for the purpose of advertising a service to the public. This provision is interpreted as prohibiting the use of designs, images, logos, sounds, and colors associated with tobacco products on entertain venues, retail outlets, 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.
Expand to view related litigation.
Analysis:

The law prohibits the free distribution of tobacco products.

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

Promotions with a tobacco product purchase

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

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 the offering of any gift or cash rebate, or the right to participate in any contest, lottery or game, in conjunction with the purchase of a tobacco product. The law also prohibits supplying any other item, free or at reduced charge, together with the purchase of tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, and 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.
Expand to view related litigation.

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

Analysis:

The law prohibits the use of a trademark (which, by definition, includes any brand name, company name, or any other name, word or mark that resembles a trademark, whether registered or not) for the purpose of advertising an activity or event to the public. This provision is interpreted as prohibiting competitions associated with 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.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco advertising. The broad definition of “publish” includes, among others, to “distribute by any means” or to “bring to the notice of the public in New Zealand in any other manner.” The definition of “tobacco product advertisement” includes “any words, whether written, printed, or spoken,” that encourage tobacco use. These provisions together are interpreted as prohibited direct person-to-person targeting of individuals with tobacco advertising (spoken or otherwise).

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

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

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 a tobacco trademark (which, by definition, includes any brand name, company name, or any other name, work or mark that resembles a trademark, whether registered or not) on any article other than a tobacco product, and prohibits the use of a tobacco trademark for the purpose of advertising a service to the public. Therefore, brand stretching is prohibited.

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

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:

The law does not specifically address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching.

Toys that resemble tobacco products

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.
Expand to view related litigation.
Analysis:

The law prohibits the sale of toys that resemble tobacco products to a person younger than 18 years of age.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the same of all toys that resemble tobacco products, regardless of the age of the purchaser.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Expand to view related litigation.
Analysis:

The law does not specifically prohibit the sale of candy that resembles tobacco products. Therefore, the law is interpreted as allowing the sale of candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of candy that resembles tobacco products.

Retailer incentive programs

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.

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 retailer incentive programs. Specifically, the law prohibits gifts, cash or other rewards to retailers in exchange for the purchase or sale of tobacco products, advertising of tobacco products inside the place of business, and changing the location of the tobacco products inside the place of business.

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.
Expand to view related litigation.
Analysis:

The law prohibits publishing of any tobacco product advertisement. The definition of “publish” includes, among others, to “include in any film or video recording” or to “disseminate by means of any other electronic medium”. The definition of “tobacco product advertisement” specifically includes “any depiction, in a film, video recording, telecast, or other visual medium, of a tobacco product or a tobacco product trade mark, where in return for that depiction any money is paid, or any valuable thing is given, whether to the maker or producer of that film, video recording, telecast, or visual medium or to any other person”. Therefore the paid placement of tobacco products in TV, film, or other media is prohibited. The law makes a very limited exception for film and video recordings made before 16 December 1990 in which the reference or depiction of a tobacco product is only incidental. Because the exemption is very limited, and paid placement is currently banned, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and 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.
Expand to view related litigation.

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 prohibits publishing of any tobacco product advertising. The definition of “tobacco product advertisement” specifically includes “any depiction, in a film, video recording, telecast, or other visual medium, of a tobacco product or a tobacco product trade mark, where in return for that depiction any money is paid, or any valuable thing is given . . . ”. Because the definition specifically includes paid depiction of tobacco products, but not unpaid depiction, the law is interpreted as allowing unpaid depiction of tobacco products.

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

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.
Expand to view related litigation.

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 the tobacco industry from sponsoring an organized activity within New Zealand that involves a tobacco product or company trademark, or that is likely to cause a person to believe a tobacco product trademark is being used. The law also prohibits the use of tobacco product or company trademarks for the purpose of advertising or identifying to the public any service, activity, event, scholarship, fellowship, or other educational benefit. Sponsorship includes any contribution, financial or otherwise, toward organizations or individuals associated with the activity. Contributions are allowed so long as no trademark or brand name is involved, but prohibited if a trademark or brand name is intrinsically involved in the sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to activities, individuals, organizations, or governments 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

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.
Expand to view related litigation.
Analysis:

The law prohibits the tobacco industry from sponsoring an organized activity within New Zealand that involves a tobacco product or company trademark, or that is likely to cause a person to believe a tobacco product trademark is being used. The law also prohibits the use of tobacco product or company trademarks for the purpose of advertising or identifying to the public any service, activity, event, scholarship, fellowship, or other educational benefit. Sponsorship includes any contribution, financial or otherwise, toward organizations or individuals associated with the activity.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, 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.
Expand to view related litigation.

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 requires standardized (plain) packaging of tobacco products. Therefore, tobacco packaging cannot include contains terms or other indicia that may create a false impression with respect to the harmfulness of a specific brand.

Moreover, the Fair Trading Act 1986 prohibits generally "conduct that is liable to mislead the public as to the nature, characteristics, suitability for a purpose, or quantity of services." Together, these provisions are interpreted as prohibiting 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.

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