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.
Analysis:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited on domestic TV and radio.

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

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is 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.

Law Source, Section

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:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited in other domestic print media.

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

Law Source, Section

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:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited on TV and radio. However, because the law does not state whether the ban extends to international TV, radio and other broadcast media, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all international and cross-border tobacco advertising and promotion, including via international TV and radio, is prohibited.

Law Source, Section

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:

The law prohibits “any kind of advertising or publicity in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited in newspapers and magazines. However, because the law does not state whether the ban extends to international newspapers and magazines, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all international and cross-border tobacco advertising and promotion, including via international newspapers and magazines, is prohibited.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited via internet communications.

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

Law Source, Section

Internet tobacco product sales

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

The law does not specifically address tobacco product sales via the internet. However, arguably, such sales could be banned under the prohibition on tobacco advertising on the internet, as tobacco product sales are an inherent form of advertising. Additionally, there are several provisions regulating points of sale that refer to points of sale in a way that suggests physical premises. For example, Administrative Order No. 260 of 2012 refers to “kiosks” and “stalls” and requires that signs be affixed to the “façade” of retail points of sale. In addition, the law limits the type of facility where points of sale can be located and requires that “posters mentioning the dangers associated with the consumption of tobacco” indicate points of sale. Read together, we interpret these provisions as prohibiting the sale of tobacco products via internet because such sales are not happening from physical premises.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product sales via internet. The law could be clearer by explicitly banning internet product sales.

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

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited on outdoor advertising.

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

Law Source, Section

Point of sale advertising/promotion

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

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

Analysis:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” Additionally, Administrative Order No. 260 requires that points of sale may only advertise that they are points of sale by posting the word “TOBACCO” on their exterior, and that on the inside of the point of sale, operators are required to post “the list of products available for sale, their characteristics, as well as their sale price.”

Therefore, we interpret point of sale advertising and promotion to be prohibited. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion at point of sale.

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 explicitly prohibit the display of tobacco products at the point of sale. The law, however, does prohibit “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” Additionally, Administrative Order No. 260 requires operators to post “the list of products available for sale, their characteristics, as well as their sale price.”

Read together with the definition of “promotion-advertising,” point of sale product display may be prohibited under the law as it is a “any form of communication, recommendation of action or commercial contribution having as its aim, effect, or likely effect to encourage, directly or indirectly, the use of tobacco or of a tobacco product.” However, because it is unclear under the law whether product display is prohibited, the regulatory status code “Uncertain” is given.

To clarify the scope of the ban and to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly state that point of sale product display and visibility are prohibited.

Vending machines

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

The law specifically prohibits the sale of tobacco products via automatic vending machines.

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

Law Source, Section

Conventional mail

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited by conventional mail.

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

Law Source, Section

Telephone and cellular phone

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication. Therefore, tobacco advertising is prohibited by telephone and cellular phone.

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

Law Source, Section

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 prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication or recommendation of action. Therefore, the law prohibits the use of distinctive words, designs, images, logos, sounds or colors.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to distinctive words, designs, images, logos, sounds or colors.

Law Source, Section

Free distribution of tobacco products

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

The law specifically prohibits the distribution of a tobacco product as a sample or a giveaway.

The law therefore aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets FCTC Art. 16 (sales to and by minors) in this regard.

Law Source, Section

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 law specifically prohibits the distribution of a tobacco product as a giveaway, for a discount, or the right to participate in a drawing, a lottery or a contest.

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

Law Source, Section

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 specifically prohibits the distribution of a tobacco product as a giveaway, for a discount, or the right to participate in a drawing, a lottery or a contest.

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

Law Source, Section

Direct person to person targeting of individuals

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication or recommendation of action. Therefore, tobacco advertising is prohibited by direct person to person targeting of individuals.

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

Law Source, Section

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 prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication or recommendation of action. Therefore, tobacco advertising is prohibited by the use of non-tobacco products or services using tobacco brand names.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by the use of non-tobacco products or services using tobacco brand names.

Law Source, Section

Reverse brand stretching or brand sharing

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

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

Analysis:

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication or recommendation of action. Therefore, tobacco advertising is prohibited by the use of tobacco products or services using non-tobacco brand names.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by the use of tobacco products or services using non-tobacco brand names.

Law Source, Section

Toys that resemble tobacco products

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

The law specifically bans the manufacture, distribution or sale of candies, toys or any other object that is shaped like, or calls to mind a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning toys that resemble tobacco products.

Law Source, Section

Candy that resembles tobacco products

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

The law specifically bans the manufacture, distribution or sale of candies, toys or any other object that is shaped like, or calls to mind a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning candy that resembles tobacco products.

Law Source, Section

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 law prohibits the manufacturer, importer or retailer to “offer, or give away, directly or indirectly, in exchange for the purchase of a tobacco product, particularly through a right to the purchaser or a third party, a premium, discount or the right to participate in a drawing, a lottery or a contest.” Therefore, retailer incentive programs are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

Law Source, Section

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

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

The law prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include any form of communication or recommendation of action. Therefore, tobacco advertising is prohibited by the use of tobacco products in paid placements in TV, film or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by the use of paid placements in TV, film or other media.

Law Source, Section

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 law does not specifically address unpaid depiction of tobacco products in TV, film, or other media. However, the law broadly prohibits “any kind of advertising, publicity or propaganda in favor of an institution, a service, an activity, a product or an article other than tobacco, that by its graphic appearance, its presentation, the use of a brand, an advertising emblem or any other distinctive sign calls to mind tobacco or a tobacco product.” The term “promotion-advertising” is defined broadly to include “any form of communication . . . having as its aim, effect, or likely effect to encourage, directly or indirectly, the use of tobacco or of a tobacco product.” Therefore, the unpaid depiction of tobacco products is prohibited under the law

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco products or use in TV, film or other media.

Law Source, Section

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

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

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 any operation of underwriting or sponsorship that has as its purpose or effect the promotion, or direct or indirect advertising, of a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the financial contributions that promote tobacco products or tobacco use.

Law Source, Section

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.
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.

Law Source, Section

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 law prohibits “(a)ny packaging or labeling of tobacco products that contributes to the promotion of a tobacco product by any means that are likely to give a false impression regarding the characteristics, health effects, risk or emission of the product, including descriptive terms, commercial brands, figurative signs or others that give the impression, directly or indirectly, that a tobacco product is less harmful than others.” Together with the comprehensive ban on tobacco advertising and promotion, these provisions prohibit all promotion by means that are false, misleading or deceptive.

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

Law Source, Section