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.
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Analysis:

The law prohibits tobacco advertising on television and radio, including cable television and closed circuit television networks.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic television and radio.

Domestic newspapers and magazines

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

The law prohibits tobacco and tobacco product advertising in print media, including newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to 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.
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Analysis:

The law prohibits tobacco and tobacco product advertising in print media, including books, periodicals, and any such printed publication. Additionally, the law prohibits such advertising through posters or banners made out of paper, plastic, cloth, hard or soft on-store board or fascia, or any other material, affixed outside a shop, kiosk, or mobile trolley. The law also prohibits home billboards, whether fixed or mobile.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to 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.
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Analysis:

The law prohibits tobacco and tobacco product advertising in cinema, theater, television, and radio; however, the law does not specify whether such prohibition applies to cross-border advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising through international 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.
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Analysis:

The law prohibits tobacco and tobacco product advertising in newspapers and magazines; however, the law does not specify whether such prohibition applies to cross-border advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising through international newspapers and magazines.

Internet communications

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Internet communications (not sales)

Analysis:

Neither the 2002 Ordinance nor Notification F.13-5/2003 restricts internet communications. The law is, therefore, interpreted as allowing tobacco advertising and promotion via internet communications.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion, including by internet communication, should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive ban.

Internet tobacco product sales

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 addresses internet tobacco product sales. The law is, therefore, interpreted as allowing internet tobacco product sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned. The law should make it clear that internet sales of tobacco products are prohibited as inherently involving tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines paras. 18-19. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive ban.

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

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

The law prohibits out-of-home (meaning “outside”) billboards, whether fixed or mobile. Additionally, the law prohibits posters, banners, on-store boards, or fascia affixed outside a shop, kiosk, or mobile trolley. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

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

Analysis:

The law prohibits tobacco advertising, including through posters, banners, on-store boards, or fascia affixed outside a shop, kiosk, or mobile trolley. Additionally, the law prohibits tobacco advertising on home billboards, whether fixed or mobile. The law does not prohibit other forms of tobacco advertising inside the points of sale.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion. To align, the law should prohibit all point of sale advertising and promotion.

Point of sale product display

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 restricts or bans point of sale product display. The law is, therefore, interpreted as allowing point of sale product display.

For the law to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, product displays should clearly be banned under a broad prohibition on tobacco advertising and promotion, as provided in the FCTC Art. 13 Guidelines.

Vending machines

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 bans vending machines. The law is therefore interpreted as allowing the sale of tobacco products by vending machines.

For the law to align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, it should be made clear that vending machine sales of tobacco products (or commercial product displays) are prohibited as an inherent form of tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines para. 14.

Conventional mail

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

Neither the 2002 Ordinance nor SRO F.13-5/2003 bans advertising through conventional mail. The law is, therefore, interpreted as allowing advertising through conventional mail. In practice, advertising through conventional mail is not common in Pakistan.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion, including advertising through conventional mail, should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Telephone and cellular phone

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 bans advertising by telephone or cellular phone. The law is, therefore, interpreted as allowing advertising by telephone and cellular phone. In practice, advertising by means of telephone or cellular phone is not common in Pakistan.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion, including advertising by telephone and cellular phone, should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Brand marking on physical structures

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 prohibits or restricts brand marking. The law is, therefore, interpreted as allowing brand marking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion, including brand marking, should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Free distribution of tobacco products

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

SRO 53(KE)/2009 prohibits the free distribution of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to free distribution of tobacco products. The law also meets FCTC Art. 16 with respect to free distribution of tobacco products.

Promotions with a tobacco product purchase

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

SRO 882(I)/2007 prohibits the distribution of any free goods or discount goods to promote tobacco products. This provision is interpreted to prohibit all gifts, prizes, and other rewards.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to these types of promotional activities. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

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

Analysis:

Tobacco products may not be presented as prizes or gifts for television or radio contests. All other competitions associated with tobacco products are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Direct person to person targeting of individuals

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 prohibits or restricts direct advertising or promotion to individuals. The law is, therefore, interpreted as allowing direct advertising and promotion to individuals.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

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

Analysis:

The law prohibits tobacco advertising through branding on clothes or garments, including caps. The law does not otherwise prohibit or restrict brand stretching. Note: The definition of “promotion” covers brand stretching in that it includes “uses of tobacco brand names, logos, and colors on non-tobacco merchandise.” However, no other section of the relevant regulation prohibits or restricts “promotion.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned, including brand stretching. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

Neither the 2002 Ordinance nor Notification F.13-5/2003 prohibits or restricts reverse brand stretching. The law is, therefore, interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned, including reverse brand stretching. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

Toys that resemble tobacco products

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

As of 1 October 2011, SRO 863 of 2010 prohibits manufacture and sale of toys, sweets and snacks that resemble cigarettes.

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

Candy that resembles tobacco products

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

As of 1 October 2011, SRO 863 of 2010 prohibits manufacture and sale of toys, sweets and snacks that resemble cigarettes.

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

Retailer incentive programs

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 prohibits retailer incentive programs. The law is, therefore, interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion should be banned. In addition, using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would ensure proper application of a comprehensive tobacco advertising and promotion ban.

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

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

The law prohibits tobacco advertising in cinema, theater, television, and radio. Additionally, the law prohibits incidental tobacco advertising, such as smoking in TV programs or dramas. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, or other media.

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.
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Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Analysis:

The law prohibits tobacco advertising in cinema, theater, television, and radio. Additionally, the law prohibits incidental tobacco advertising, such as smoking in TV programs or dramas. Although the Guidelines do not define “advertising,” this provision is interpreted to include unpaid depictions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use.

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.
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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 sponsorship of any type of event where tobacco is promoted. Aside from prohibiting sponsorship of events, the law allows financial or other support of individuals, organizations, and governments that promote tobacco products. Neither the term “sponsorship” nor “promotion” is defined, so the scope of the prohibition is unclear.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit all contributions to any activity, individual, organization, or government with the aim, effect, or likely effect of promoting a tobacco product directly or indirectly.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

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

The law prohibits sponsorship of any type of event where tobacco is promoted. Aside from prohibiting sponsorship of events, the law allows financial or other support of individuals, organizations, and governments that promote tobacco products. Neither the term “sponsorship” nor “promotion” is defined, so the scope of the prohibition is unclear. The law also prohibits incidental advertising of tobacco, which includes showing banners, billboards, and other paraphernalia that advertise tobacco products during sports.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. To align, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

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

Neither the 2002 Ordinance nor Notification F.13-5/2003 prohibits promotion by means that are false, misleading, or deceptive. Notification F.13-5/2003 does prohibit the association of tobacco with “sports, adventure, sex and success in life.” However, the use of misleading terms and descriptors such as “lite,” “mild,” and “low tar” is common in Pakistan.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading or deceptive or that are likely to create an erroneous impression, as in Art. 13 Guidelines para. 39. This should be done in addition to imposing a complete tobacco advertising, promotion and sponsorship ban.