LANGUAGE
Last updated: May 31st 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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act list forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as . . . television and radio (including terrestrial and satellite).” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via TV and radio, the Act is interpreted to prohibit advertising and promotion via domestic TV and radio.

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.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Domestic 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.
Analysis:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as print (for example, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” It is possible that consent of an individual could be obtained under certain circumstances where adults subscribe to adult-only publications and, in doing so, consent to receive tobacco advertising and promotion. Therefore, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as print (for example, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” It is possible that consent of an individual could be obtained under certain circumstances where tobacco manufacturers or retailers use their consumer marketing databases to obtain consent and engage in advertising and promotion via various forms of domestic print media. Therefore, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act list forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as . . . television and radio (including terrestrial and satellite).”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via TV and radio, the Act is interpreted to prohibit advertising and promotion via domestic TV and radio.

However, the Act is silent with respect to international TV and radio. Therefore, the regulatory status “Uncertain” is given.

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

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as print (for example, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” It is possible that consent of an individual could be obtained under certain circumstances where adults subscribe to adult-only publications and, in doing so, consent to receive tobacco advertising and promotion.

However, the Act is silent with respect to international newspapers and magazines. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international newspapers and magazines is prohibited.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Internet communications

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.

Internet communications (not sales)

Analysis:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as . . . digital communication platforms (such as the internet and mobile phones).”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is technically possible for tobacco manufacturers to require consent and request to verify age prior to an internet user accessing their tobacco product brand website or other tobacco advertising and promotion via electronic media, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet communications. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to electronic media, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Internet tobacco product sales

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

The National Tobacco Control Act prohibits the sale of tobacco and tobacco products through mail, internet, and other online devices.

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

Law Source, Section

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

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

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as print (for example, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . .” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via outdoor advertising such as billboards or posters, the Act is interpreted to prohibit advertising and promotion via outdoor advertising.

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

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including tobacco advertising and promotion through “communication through audio, visual or audiovisual means, such as print (for example, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from every individual entering or passing by a point of sale and children and youth are likely to enter or pass by points of sale, the Act is interpreted to ban advertising and promotion via points of sale. However, it is conceivable that tobacco advertising and promotion via adult-only venues selling tobacco products could remain under the Act where “consenting” adults could enter. Therefore, the regulatory status of “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion at point of sale, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Point of sale product display

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including “display or visibility, other than incidental transactions, of tobacco products at points of commercial display of tobacco products. . . .”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from every individual entering or passing by a point of sale and children and youth are likely to enter or pass by points of sale and thereby exposed to tobacco product package if it is visible, the Act is interpreted to prohibit the display of tobacco products at points of sale. However, it is conceivable that adult-only venues where tobacco products could be displayed to “consenting” adults could remain under the Act. Therefore, the regulatory status of “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product display at points of sale, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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.
Analysis:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including “sales of tobacco products through vending machines.” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is technically possible for tobacco manufacturers to require consent and request to verify age prior to a vending machine purchase of a tobacco product, the regulatory status “Some Restrictions” is given.

However, to date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

To fully align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco product vending machine sales, the exemption for advertising and promotion and vending machine sales directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Conventional mail

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including “direct targeting of individuals with promotional, including informational material, such as direct mail . . . .”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is possible that consent from an individual could be obtained under certain circumstances where tobacco manufacturers or retailers use their consumer marketing databases to obtain consent and engage in advertising and promotion via direct mail for consumer’s birthdays, among others, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Telephone and cellular phone

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including “direct targeting of individuals with promotional, including informational material, such as . . . telemarketing . . . .”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” It is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via mass telemarketing schemes. However, it is possible that such consent could be obtained under certain circumstances where tobacco manufacturers or retailers use their consumer marketing databases to obtain consent and engage in advertising and promotion via SMS and mobile communications. Therefore, the regulatory status “Some Restrictions” is given. To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephone and cellular phones. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephones and cellular phones, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Brand marking on physical structures

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.

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 National Tobacco Control Act, Sect. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including “brand-marking, including in entertainment venues and retail outlets and on vehicles and equipment, such as the use of words, designs, images, sounds and colours, including brand names, trademarks, logos, names of tobacco manufacturers or importers and colours or schemes of colours, in whole or part and any other indicia associated with tobacco products, manufacturers or importers.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, certain brand marking activities at venues where tobacco manufacturers or retailers obtain consent from adults in attendance may be permitted under the law. Accordingly, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Free distribution of 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.
Analysis:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including the “supply or offer of free samples of tobacco products including in conjunction with marketing surveys and taste testing.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, certain free distribution of tobacco products where tobacco manufacturers or retailers obtain consent from adults may be allowable. Accordingly, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because it does not prohibit all free distribution. The law, however, meets FCTC Art. 16 in that free distribution to minors is prohibited. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to free distribution, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including “provision or offer of gifts or discounted products with the purchase of tobacco products” and “incentive promotions or loyalty schemes, such as redeemable coupons provided with purchase of tobacco products.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, certain promotions with a tobacco product purchase where tobacco manufacturers or retailers obtain consent from adults may be allowable. Accordingly, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Competitions associated with 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.

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

Analysis:

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including “competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, certain competitions associated with tobacco products where tobacco manufacturers or retailers obtain consent from adults may be allowable. Accordingly, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Direct person to person targeting of individuals

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including “direct targeting of individuals with promotional, including informational material, such as . . . person to person conversation.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers and any “consenting person who is 18 years or above.” Therefore, certain direct person to person targeting of adults where tobacco manufacturers or retailers obtain consent may be allowable. Accordingly, the regulatory status “Some Restrictions” is given.

To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by direct person to person targeting or individuals. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including “use of a tobacco brand name, emblem, trademark, logo, trade insignia, or any other distinctive features, including colour combinations . . . connected with a non-tobacco product or service in such a way that the tobacco product and the non-tobacco product or service are likely to be associated.” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via brand stretching, the Act is interpreted to prohibit brand stretching.

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

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including “use of a tobacco brand name, emblem, trademark, logo, trade insignia, or any other distinctive features, including colour combinations . . . connected with a non-tobacco product or service in such a way that the tobacco product and the non-tobacco product or service are likely to be associated.” Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via any brand stretching, the Act is interpreted to prohibit reverse brand stretching.

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

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Toys that resemble tobacco products

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

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including the “sale or supply of toys or sweets or other non-tobacco products that resemble tobacco products.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via any toys that resemble tobacco products, the Act is interpreted to prohibit this form of advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale or supply of toys that resemble tobacco products.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Candy that resembles tobacco products

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

The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including the “sale or supply of toys or sweets or other non-tobacco products that resemble tobacco products.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Because it is not likely possible for tobacco manufacturers or retailers to obtain consent from an individual prior to communicating via any candy that resembles tobacco products, the Act is interpreted to prohibit this form of advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale or supply of candy that resembles tobacco products.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including the “payments or other contributions to retailers to encourage or induce them to sell tobacco products, including retailer incentive programmes, such as rewards to retailers, for achieving certain sales volumes.” Therefore, retailer incentive programs are prohibited.

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

Law Source, Section
Secs. 12(1), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” The First Schedule of the Act provides examples of tobacco advertising and promotion that are prohibited (without limiting the application of the ban), including the “product placement, such as inclusion of, or reference to, a tobacco product, service or trademark in the context of communication in return for payment or other consideration.” Therefore, product placement in TV, film, or other media is prohibited.

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

Law Source, Section
Secs. 12(1), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: “no person shall promote or advertise tobacco or tobacco products in any form.” “Tobacco advertising and promotion” is defined to include “any form of commercial communication, recommendation, or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.” These provisions have the effect of banning unpaid depiction of tobacco products or tobacco use, other than for the exceptions set out in Sec. 12(4), which states: “where the items listed under this subsection may be deemed to have incidental promotional effect, they shall not be considered tobacco advertising, promotion, or sponsorship . . . – b) depictions of tobacco products or tobacco use in media where the depiction is purely incidental or is justified by reasons of historical accuracy or legitimate journalist or artistic expression, or where the depiction is required for education purposes; provided no payment or other consideration was offered or made by a tobacco manufacturer, seller, or any person acting on their behalf, c) genuine political, social or scientific commentary about tobacco products or tobacco use; provided no payment or other consideration was offered or made by a tobacco manufacturer, seller, or any other person acting on their behalf.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

Law Source, Section
Secs. 12(4)(b), 12(4)(c)

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 National Tobacco Control Act, Sec. 12(1) prohibits, any person from “(b) sponsor[ing] or participat[ing] in any program or event which is aimed at wholly or partially promoting or advertising tobacco or tobacco products; or (c) engag[ing] or participat[ing] in any tobacco advertising, promotion or sponsorship as a media or event organizer, celebrity or other participant, as a recipient of any sponsorship contribution, or as an intermediary that facilitates any such contribution.” The First Schedule of the Act further provides examples of tobacco advertising, promotion and sponsorship that are prohibited (without limiting the application of the Act), including: “provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sports people or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organisations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgement or publicity, including corporate social responsibility activities of any kind.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, certain tobacco industry sponsorships where manufacturers or retailers obtain consent are allowed while other sponsorships involving corporate social responsibility or youth tobacco use prevention programs, for example, are prohibited. Accordingly, the regulatory status “Some Restrictions” is given. To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, and individuals. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising, promotion and sponsorship directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

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 National Tobacco Control Act, Sec. 12(1), prohibits any person from “(b) sponsor[ing] or participat[ing] in any program or event which is aimed at wholly or partially promoting or advertising tobacco or tobacco products; or (c) engag[ing] or participat[ing] in any tobacco advertising, promotion or sponsorship as a media or event organizer, celebrity or other participant, as a recipient of any sponsorship contribution, or as an intermediary that facilitates any such contribution.” The First Schedule of the Act further provides examples of tobacco advertising, promotion and sponsorship that are prohibited (without limiting the application of the Act), including: “provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sports people or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organisations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgement or publicity, including corporate social responsibility activities of any kind.”

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Therefore, the publicity of certain tobacco industry sponsorships where manufacturers or retailers obtain consent to publicize the sponsorship are allowed while the publicity of other sponsorships involving corporate social responsibility or youth tobacco use prevention programs, for example, are prohibited. Accordingly, the regulatory status “Some Restrictions” is given. To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco industry sponsorship of events, activities, and individuals. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising, promotion and sponsorship directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); First Schedule

Promotion by any means that are false, misleading or deceptive

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.

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 National Tobacco Control Act, Sec. 21, prohibits the use on tobacco product packaging of any term, descriptor, trademark, figurative, color, or any other sign that is false, misleading, deceptive or likely to create an erroneous impression that a particular tobacco product is less harmful than others. Section 12 of the Act provides for a comprehensive ban on tobacco advertising, promotion and sponsorship.

Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any “consenting person who is 18 years or above.” Accordingly, the regulatory status “Some Restrictions” is given. To date, implementing regulations necessary to clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align 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 about its characteristics, health effects, hazards, or emissions. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the exemption for advertising and promotion directed at “consenting” adults should be removed.

Law Source, Section
Secs. 12(1), 12(2)(b), 12(3); 21; First Schedule