LANGUAGE
Last updated: September 16th 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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising on domestic TV, radio, and other broadcast media is banned.

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

Domestic newspapers and magazines

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

The Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising in domestic newspapers and magazines is banned.

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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising through domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is banned.

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

International 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 Regulations explicitly exempt from the advertising ban “indirect advertising of limited scope in foreign programs broadcast on Norwegian television and Norwegian cable networks.” Because direct advertising is not exempt, the law is interpreted as banning direct tobacco advertising on international broadcast media.

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

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 Act and Regulations contain a comprehensive ban on tobacco advertising. However, the Regulations specifically exempt advertising in foreign printed media if the main target of the advertising or foreign printed media is not the Norwegian market. If the target of the advertising or foreign printed media is the Norwegian market, the advertising is prohibited. Therefore, the regulatory status code “Some Restrictions” is given.

Because the law restricts advertising through international newspapers and magazines, 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 prohibit tobacco advertising in all international newspapers and magazines.

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 Act and Regulations contain a comprehensive ban on tobacco advertising. Therefore, tobacco advertising through internet communications is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising through 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 specifically restricts the remote sale of tobacco products to those registered with the Directorate of Health. Further, the law bans the remote sale of tobacco products to consumers located in European Economic Area countries that have bans on remote sales.

However, these provisions do not appear to be currently in effect, with the effective date to be determined by the King.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically ban all internet tobacco product sales as an inherent form of advertising, as provided in FCTC Art. 13 Guidelines paras. 18-21.

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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising through outdoor advertising is banned.

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

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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising at point of sale is banned. The Act and Regulations permit only an informational sign listing the tobacco products and smoking accessories sold there and their prices. In addition, a sales outlet may display a sign in close proximity to the sales premises indicating that tobacco products are sold there. The sign is for informational purposes only, and must be “of customary size and equipment in a neutral typographic design” (for example, a sign simply stating “Tobacco”). Such signs may not be movable or illuminated advertisements.

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

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.
Expand to view related litigation.
Analysis:

The Tobacco Control Act prohibits the display of tobacco products at points of sale. The Act exempts tobacconist (or "specialty") shops from the ban; however, the Regulations restrict the display at tobacconist shops by providing that the size, design, and positioning of products should not have an advertising effect.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit product display and visibility at all points of sale, including tobacconist shops.

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:

The law permits vending machines that allow a customer to purchase tobacco products using a prepaid vending machine card. Other types of vending machines are prohibited. The purchase of a prepaid vending machine card would allow the seller of the card to verify that the purchaser is 18 years of age or older (although this is not explicitly stated by the law).

The law meets FCTC Art. 16 (sales to and by minors) in that it restricts vending machine sales so that they are not accessible to minors. However, to align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 14, the law should prohibit the use of all tobacco vending machines because their presence is a means of advertising.

Conventional mail

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

The Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising delivered through conventional mail is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising through 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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. Therefore, tobacco advertising via telephone and cellular phone is banned.

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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. The definition of “indirect advertising” includes the “use of specific colors and layout/design associated with specific tobacco products.” Therefore, brand marking is prohibited.

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 Act prohibits the free distribution of tobacco products to consumers.

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

Promotions with a tobacco product purchase

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.

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 Act prohibits the sale of tobacco products at a discount. The Act does not address other types of promotional activity such as the offering of gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase. Because the definition of “advertising” encompasses only “mass communication,” this type of promotional activity may or may not fall within the ban on advertising, depending upon the specific case.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit all tobacco promotion and provide a definition of “tobacco advertising and promotion” in accordance with the FCTC definition in order to clarify the scope of the ban.

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 does not specifically address competitions associated with tobacco products. However, advertising of a competition associated with a tobacco product would be banned under the general ban on tobacco advertising.

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

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

The Act and Regulations prohibit direct and indirect forms of tobacco advertising. However, because the definition of advertising is limited to “mass communication,” the ban does not cover the direct targeting of individuals with promotional or information materials.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including the direct targeting of individuals by person-to-person means. To clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Brand stretching/trademark diversification

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.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The Act prohibits using a tobacco brand name or trade mark in connection with advertising other goods or services. However, the Advertising Regulations make an exception for brand stretching. Section 9 of the Regulations permits non-tobacco products or services that are known by a tobacco brand name or trademark to be displayed in shops or stores. Therefore, brand stretching is permitted but the display of items is restricted.

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

Reverse brand stretching or brand sharing

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

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

Analysis:

The Act prohibits launching tobacco products with a brand name or trade mark that is familiar as a brand or trade mark for other goods or services. In addition, the Advertising Regulations prohibit indirect advertising, which includes “launch[ing] of tobacco products with the help of a trademark that is known as or is in use as a trademark for other goods or services.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 Act prohibits the sale of imitation tobacco products to persons under 18 years of age. All forms of advertising of imitation tobacco products, such as toys that resemble tobacco products, are prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all toys that resemble tobacco products instead of restricting the sales prohibition to minors.

Candy that resembles 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 Act prohibits the sale of imitation tobacco products to persons under 18 years of age. All forms of advertising of imitation tobacco products, such as candy that resembles tobacco products, are prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all candy that resembles tobacco products instead of restricting the sales prohibition to minors.

Retailer incentive programs

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
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 does not specifically address retailer incentive programs. The law bans tobacco advertising, which by definition encompasses “mass communication for marketing purposes.” An interpretation of the particular incentive scheme would have to be made in order to ascertain whether it meets the criteria of “mass communication for marketing purposes.” No such case has been decided in Norway.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs. In addition, a definition of “tobacco advertising and promotion” should be provided in accordance with the FCTC definition in order to define the scope of the ban.

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 Act and Regulations prohibit direct and indirect forms of tobacco advertising. The definition of “advertising” includes “mass communication for marketing purposes” to consumers, and this definition is interpreted as encompassing paid placement of tobacco products. Therefore, paid placement of tobacco products in TV, film, and other media is banned.

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

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.

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 address unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

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

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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 tobacco sponsorship. Given the broad definition of “tobacco sponsorship,” the law is interpreted as prohibiting all financial contributions or other support from the tobacco industry, regardless of whether that support is publicized.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco sponsorship.

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.
Expand to view related litigation.
Analysis:

The law prohibits all forms of sponsorship and therefore there can be no publicity of financial contributions or other sponsorship by the tobacco industry.

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

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 does not specifically address promotion by means that are false, misleading, or deceptive. However, the law prohibits tobacco product packaging that suggests that a tobacco product is less damaging to health than another tobacco product. In addition, there is a general ban on advertising, and therefore there can be no advertising by means that are false or misleading.

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.