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:

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion 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 and promotion on domestic TV and radio.

Domestic newspapers and magazines

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

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion 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 and promotion in domestic newspapers and magazines.

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

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

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion is prohibited in domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

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

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:

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion on domestic TV and radio is clearly prohibited. However, the law does not explicitly state that this ban applies to international or cross-border 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 explicitly state that tobacco advertising and promotion is prohibited in international as well as domestic TV and radio.

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:

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited. However, the law does not explicitly state that this ban applies 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 explicitly state that tobacco advertising and promotion is prohibited in international as well as domestic newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, tobacco advertising and promotion is prohibited through internet communications.

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

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address internet tobacco product sales. Therefore, the law is interpreted as allowed tobacco product sales through the internet.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 18-21, the law should prohibit the sale of tobacco products through the internet, as this is an inherent form of advertising. The ban should apply not only to entities that sell the products but also to others, including credit card companies that facilitate payment and postal or delivery services for the products.

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

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

Ministry of Information Decree No. 43/2018 amends the Regulation of the Press and Publications Law to clearly prohibit outdoor advertising such as billboards. In addition, Art. 11 of Decision No. 272/2010 prohibits the advertisement and publicity of tobacco or tobacco products in public places.

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

Point of sale advertising/promotion

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

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

Analysis:

Article 11 of Decision No. 272/2010 prohibits the advertisement and publicity of tobacco or tobacco products in public places. Because point of sale locations are public places, advertising and promotion at point of sale is prohibited. In addition, Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Therefore, any advertisement via print, audio, visual, and electronic media at point of sale is banned. Together, these provisions ban all point of sale advertising and promotion.

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

Point of sale product display

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display and visibility at point of sale as an inherent form of advertising.

Vending machines

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address the sale of tobacco products via vending machines. Therefore, the law is interpreted as allowing vending machine sales.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit tobacco product vending machines.

Conventional mail

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

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Because advertising through conventional mail necessarily involves the use of print media, advertising through conventional mail is banned.

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

Telephone and cellular phone

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

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Electronic media is interpreted as including telephone and cellular (mobile) phone. Therefore, tobacco advertising and promotion through telephone and cellular phone is prohibited.

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

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:

Article 11 of Decision No. 272/2010 prohibits the advertisement and publicity of tobacco or tobacco products in public places. Therefore, brand marking of entertainment venues, retail outlets, or on vehicles and equipment, all of which are public places or in public places, 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

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

Article 11 of Decision No. 272/2010 prohibits tobacco advertisement and promotion in public places. This provision could be interpreted as prohibiting the free distribution of tobacco products, as this is a means of tobacco promotion. However, it is uncertain whether this provision would in fact cover free distribution.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meet FCTC Art. 16, the law should clearly prohibit the free distribution of tobacco products. In addition, to clarify the scope of the ban on advertising and promotion and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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:

Promotions in conjunction with a tobacco product purchase are prohibited. Discounts on tobacco products are directly prohibited by Decree No. 129/2015. Other promotional offers, including instant rewards, raffle offers, and scratch and win offers, are directly prohibited by Decree No. 239/2013.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

Competitions associated with tobacco products

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

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

Analysis:

Article 11 of Decision No. 272/2010 prohibits sponsorship by tobacco manufacturers, importers, and distributors of contests, games, or events. Therefore, competitions associated with tobacco products are prohibited.

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

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:

Article 11 of Decision No. 272/2010 prohibits tobacco advertisement and promotion in public places. Therefore, direct person-to-person targeting of individuals is prohibited in public places. However, this practice may be allowed at private parties held in homes or other non-public places. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person-to-person targeting of individuals. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Brand stretching/trademark diversification

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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

Analysis:

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. It is possible to interpret "print media" to include the use of tobacco brand names or logos/trademarks on goods. In addition, Art. 11 of Decision No. 272/2010 prohibits the advertisement and publicity of tobacco or tobacco products at public places. It is possible to interpret this provision as prohibiting the sale in public places of goods and services bearing tobacco brand names and trademarks. However, because the law lacks a definition of “tobacco advertising and promotion”, it is unclear whether this is the intent of those provisions. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including brand stretching. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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

Analysis:

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

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion is prohibited, including reverse brand stretching. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Toys that resemble tobacco products

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

Decision No. 272/2010 prohibits the sale of "sweets, foods or children’s toys which take the shape of tobacco products or packages."

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

Candy that resembles tobacco products

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

Decision No. 272/2010 prohibits the sale of "sweets, foods or children’s toys which take the shape of tobacco products or packages."

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

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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 address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including retailer incentive programs. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

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

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

Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. This ban is interpreted as including paid placement of tobacco products in TV, film, and other media as this is a form of publication of advertisement of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media. However, to clarify the scope of the ban on tobacco advertising and promotion and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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 media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use and tobacco products.

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

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

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

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:

Article 11 of Decision No. 272/2010 prohibits tobacco manufacturers, importers, and distributors from sponsoring "contests, games and events which might be utilized by these companies to publicize or advertise their products." However, the law does not address other contributions and sponsorship, such as sponsorship of individuals, organizations, or government entities or programs, nor does it address contribution to or support of corporate social responsibility programs or youth prevention programs. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

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:

Article 11 of Decision No. 272/2010 prohibits tobacco manufacturers, importers, and distributors from sponsoring "contests, games and events which might be utilized by these companies to publicize or advertise their products." This provision prohibits some forms of sponsorship and publicity thereof. While other forms of sponsorship may be permitted, Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. In addition, Decision No. 272/2010 prohibits tobacco advertising and promotion in public places. Together these provisions prohibit publicity of any permitted form of tobacco sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship by the tobacco industry. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco industry sponsorship. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

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:

GSO 246/2011, adopted through Ministerial Decision No. 12/2012, prohibits on tobacco product packaging information that "could result in a mistaken impression about [the product's] attributes or convey the idea that it is less harmful, with the use of such terms as: light, extra light, gentle, low tar, zero nicotine or tar, mild, low, and similar terms." Ministry of Health Decree No. 42/2016, amending the Regulation of the Press and Publication Law, prohibits publication of advertisements of tobacco products or its derivatives in all print, audio, visual, and electronic media. Taken together, these provisions prohibit promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazard, or emissions of a tobacco product.

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.