LANGUAGE
Last updated: September 18th 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 Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.

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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.

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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press" and "publishing, distribution and printing houses, and advertising and publicity offices." Because domestic print media, such as pamphlets, leaflets, flyers, posters and signs come from printing houses, this provision is interpreted to prohibit such domestic print media.

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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited. However, it is unclear whether this ban extends to international TV and radio, as the law does not explicitly address cross-border or international tobacco advertising and promotion. 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 via cross-border or 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.
Analysis:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited. However, it is unclear whether this ban extends to international newspapers and magazines, as the law does not explicitly address cross-border or international tobacco advertising and promotion. 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 cross-border or international newspapers and magazines.

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 Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." This is interpreted as prohibiting tobacco advertising and promotion via internet communications. However, the law does not explicitly address whether this applies to cross-border or international internet communications. Therefore, the regulatory status "Some Restrictions" is given.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly state that the ban on tobacco advertising and promotion applies to cross-border or international, as well as domestic, tobacco advertising and promotion.

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 allowing internet tobacco product sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of tobacco products via the internet.

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

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

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press". The Regulations further state that tobacco advertising and promotion is prohibited on "roads, at airports and in public places." As outdoor advertising necessarily involves the use of print, visual material, and usually occurs on roads, these provisions taken together are interpreted as prohibiting all outdoor tobacco advertising.

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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." In addition, the regulations prohibit tobacco advertising and promotion "in public places (whether publicly-owned or privately)" and specifies that "this ban shall also apply inside shops and to shop windows." Therefore, tobacco advertising and promotion at point of sale is prohibited.

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

Point of sale product display

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

The Anti-Smoking Regulations state that tobacco advertising "shall be limited to the form of the tobacco package, its components and price." This is interpreted to mean it is permitted to display a tobacco product package at point of sale. The FCTC Art. 13 Guidelines (para. 13) state: "To ensure that points of sale of tobacco products do not have any promotional elements, Parties should introduce a total ban on any display and on the visibility of tobacco products at points of sale."

Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the laws should prohibit the display and visibility of tobacco products at point of sale.

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 Anti-Smoking Law and Regulations prohibit tobacco vending machines in public places. Because "public place" is defined as an enclosed place, this provision allows vending machines in outdoor places (which may not have been the intent of the drafters). Because of this, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit vending machines in all places, indoor or outdoor, as vending machines are an inherent form of advertising. To align with FCTC Art. 16, the law should at a minimum, ensure that tobacco vending machines are not accessible to minors.

Conventional mail

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

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press" and "publishing, distribution and printing houses, and advertising and publicity offices." Because advertising by conventional mail necessarily involves preparing or printing some kind of visual media, this practice is prohibited.

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

Telephone and cellular phone

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 Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the ban on "preparation, printing, displaying, or publicizing" any announcement for the purposes of tobacco advertising or promotion applies to "all audiovisual media and press." It could be argued that advertising by telephone or cellular phone involves "presenting" or "publicizing" tobacco advertising, and is therefore prohibited. However, because the law does not contain a definition of "advertising or promotion" it is unclear whether a phone call was intended to be included in the definition of advertisement. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by telephone and cellular (mobile) phone. To clarify the scope of the ban and to aid enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Brand marking on physical structures

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

Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Analysis:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate that the "logos of tobacco, tobacco products and tobacco derivatives shall not be displayed on any other products . . . traffic signals, bridges, publicity banners of various kinds or display paintings or posters covering any part of means of transport or the walls of buildings, to indicate any type of tobacco. . . . This ban shall also apply inside shops and to show windows." Therefore, any distinctive words, designs, images, logos, sounds, or colors used to promote tobacco products in entertainment venues, retail outlets, or on vehicles and equipment 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.
Analysis:

The Anti-Smoking Law (Art. 6) and the Anti-Smoking Regulations (Art. 4) prohibit the distribution of tobacco products to anyone below 18 years of age. This includes the free distribution of tobacco products to persons under 18. The Anti-Smoking Regulations (Art. 9) further prohibit the distribution of tobacco products "in the form of prizes or free gifts in contests" to persons of any age. Taken together with the general ban on tobacco advertising and promotion, these provisions are interpreted as prohibiting all free distribution of tobacco products.

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

Promotions with a tobacco product purchase

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

Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Analysis:

The Anti-Smoking Regulations prohibit "the use of tobacco products as a means to win a prize, whether in money, in kind or literary." This is interpreted as prohibiting all promotions with a tobacco product purchase.

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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate: "the ban includes any advertisements promoting the purchase or use of tobacco or any tobacco product, either directly or indirectly" which includes "participating in financing of any activity for this purpose or other means to this end." These provisions are interpreted to include in the ban competitions associated with tobacco products.

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

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 Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate: "the ban includes any advertisements promoting the purchase or use of tobacco or any tobacco product, either directly or indirectly". Because the term "advertisement" is not defined in the law, it is unclear whether the drafters intended "advertisement" to include direct one-on-one pitches to individuals. Therefore, the regulatory status "Uncertain" 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 targeting of individuals. To clarify the scope of the ban and aid in enforcement, the law should provide a definition of "tobacco advertising and promotion" in accordance with the definition contained in the FCTC.

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 Anti-Smoking Regulations prohibit the display of logos of tobacco products "on any other products, such as any type of clothing or shoes, various kinds of foods, and also umbrellas . . . or [the] display [of] paintings or posters covering . . . the walls of buildings." This provision is interpreted to prohibit all brand stretching.

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

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 the use of non-tobacco brand names on tobacco products. Therefore, the law is interpreted as permitting reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including reverse brand stretching. To clarify the scope of the ban and to 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:

The Anti-Smoking Law prohibits the import, sale and manufacture of "items that resemble tobacco including sweets and toys made in the form of tobacco products." The Anti-Smoking Regulations further elaborate: "The import, sale or manufacture of artificial means for tobacco use, including school supplies or items such as sweets, chewing gum, biscuits, food, toys, clothes, hats and shoes made in the form of tobacco products or their packaging or any propaganda material for smoking, shall be prohibited, even if these were not intended for sale or consumption."

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:

The Anti-Smoking Law prohibits the import, sale and manufacture of "items that resemble tobacco including sweets and toys made in the form of tobacco products." The Anti-Smoking Regulations further elaborate: "The import, sale or manufacture of artificial means for tobacco use, including school supplies or items such as sweets, chewing gum, biscuits, food, toys, clothes, hats and shoes made in the form of tobacco products or their packaging or any propaganda material for smoking, shall be prohibited, even if these were not intended for sale or consumption."

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

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.

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 Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate: "the ban includes any advertisements promoting the purchase or use of tobacco or any tobacco product, either directly or indirectly." Because the term "advertisement" is not defined in the law, it is unclear whether the drafters intended "advertisement" to include promotional activity such as retailer incentive programs. 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 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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further specify that the ban applies to "all audiovisual media and press" and that "the ban includes any advertisements promoting the purchase or use of tobacco or any tobacco product, either directly or indirectly." Taken together, these provisions are interpreted to prohibit paid placement of tobacco products in TV, film or other media, as this could be considered an advertisement.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement. However, to ensure that this is clear in the law and to aid 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 permitting the 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 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:

The Anti-Smoking Law states it is prohibited "to prepare, print, present, or hang any advertisement for the purposes of publicizing or promoting tobacco." The Anti-Smoking Regulations further elaborate: "the ban includes any advertisements promoting the purchase or use of tobacco or any tobacco product, either directly or indirectly" which includes "participating in financing of any activity for this purpose or other means to this end." Thus, tobacco sponsorship of "activities" is prohibited. However, the law is silent regarding tobacco sponsorship of events, individuals, organizations, or governments, including youth prevention programs, and therefore the law is interpreted as permitting this type of tobacco sponsorship. 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 industry sponsorship of events, activities, individuals, organizations or governments. To clarify the scope of the ban and aid 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

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 Anti-Smoking Regulations prohibit "participating in financing of any activity" for the purpose of "promoting the purchase or use of tobacco or any tobacco product". Thus, tobacco sponsorship of "activities" is prohibited but the sponsorship of events, individuals, organizations, or governments, may be permitted. While the ban on tobacco advertisements that promote the purchase or use of a tobacco product would prohibit publicity of sponsorship by tobacco brands, it does not necessarily prohibit publicity of sponsorship by tobacco manufacturers. 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 and publicity thereof. To clarify the scope of the ban and aid 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:

The Anti-Smoking Regulations prohibit the use of "the names of tobacco and its derivatives, forms or colours, or to use names, trademarks or logos that promote smoking or mislead the public (such as low tar, light or very light tobacco)". Therefore, promotion by any means that are false, misleading, deceptive or likely to create an erroneous impression are prohibited.

The law aligns 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.