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:

Law No. 13 of 2008 prohibits all forms of tobacco advertising, promotion and sponsorship, which includes domestic TV, radio, and other broadcast media such as satellite and cable.

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

Domestic newspapers and magazines

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship, which includes 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.
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Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship, which includes 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 through all forms of 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.
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Analysis:

The law prohibits all forms of cross-border tobacco advertising, promotion and sponsorship, which includes international TV, radio, and other broadcast media such as satellite and cable.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through international broadcast media.

International newspapers and magazines

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

The law prohibits all forms of cross-border tobacco advertising, promotion and sponsorship, which includes international newspapers and magazines

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through international newspapers and magazines.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

Article 14 of the law prohibits all forms of tobacco advertising, promotion and sponsorship. Further, the regulations under this article (E.O. 230, Art. 18) specifically prohibit communications to consumers by internet.

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

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

Article 14 of the law prohibits all forms of advertising and promotion of tobacco products. Further, the regulations under this article (E.O. 230, Art. 18) prohibit communications to consumers by internet. Although the law does not address internet tobacco sales specifically, the law is interpreted as prohibiting internet tobacco sales because internet tobacco sales inherently involve tobacco advertising and promotion.

In addition, Art. 19(4) of the law requires tobacco merchants to verify the age of the purchaser through presentation of personal identification, which is difficult via internet sales. Article 26(8) of the law prohibits the sale of tobacco products through means other than those permitted by this law. Together, these provisions are interpreted to prohibit the sale of tobacco products through the internet.

The law aligns with FCTC Art. 13 and the Art. 13 Guidelines with respect to internet sales of tobacco products. However, this could be made clearer by explicitly stating 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.

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 all forms of tobacco advertising, promotion and sponsorship, which includes outdoor 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.
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Point of sale advertising/promotion (other than product displays)

Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship, including point of sale advertising.

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

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

The law specifically prohibits point of sale product display; products may not be visible at point of sale. A 8.5 x 11 sign with a textual list of products and prices is allowed.

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

Vending machines

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

The law specifically prohibits the sale of tobacco products by vending machines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to and by minors) with regard to sales of tobacco products through vending machines.

Conventional mail

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

Article 14 of the law prohibits all forms of advertising and promotion of tobacco products. Further, the regulations under this article (found in E.O. 230, Art. 18) prohibit promotional communications to consumers by mail or other means.

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.
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Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The E.O. prohibits advertising directly to consumers through mail, internet, “and any other means of communication.” This is interpreted as direct advertising and promotion by telephone.

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

Brand marking on physical structures

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. By definition, this includes any form of communication or “commercial action that directly or indirectly promotes a tobacco product or its use.” The E.O. further prohibits promotion of tobacco products by any means of communication (Art. 18) or through any activity that prompts tobacco use (Art. 19). Although the law does not specifically address brand marking, the complete prohibition on tobacco advertising, promotion and sponsorship is interpreted as prohibiting brand marking.

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

Free distribution of tobacco products

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

The law specifically prohibits the distribution of samples of tobacco products, whether free or not.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) in this regard.

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:

The law prohibits all forms of tobacco advertising and promotion, and the E.O. specifically prohibits promotion though “gifts, souvenirs, allied activities or others that may prompt people to use tobacco.”

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

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law prohibits all forms of tobacco advertising and promotion. The E.O. specifically prohibits promotion though “gifts, souvenirs, allied activities or others that may prompt people to use tobacco,” which includes competitions.

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

Direct person to person targeting of individuals

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

The law prohibits all forms of tobacco advertising and promotion. Decree No. 611 specifically prohibits advertising and promotion aimed directly at consumers through mail, internet, or any other means of communication. The law is interpreted as prohibiting direct person-to-person communication.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to direct targeting of consumers.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 all forms of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and promotion,” brand stretching is prohibited, as this is a form of “commercial action . . . that promotes a tobacco product or its use.”

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

Reverse brand stretching or brand sharing

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law prohibits all forms of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and promotion,” brand stretching is prohibited, as this is a form of “commercial action . . . that promotes a tobacco product or its use.”

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

Toys that resemble tobacco products

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

The law specifically prohibits the “sale of sweets, snacks, toys and other objects with the shape and design of tobacco products.”

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.
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Analysis:

The law specifically prohibits the “sale of sweets, snacks, toys and other objects with the shape and design of tobacco products.”

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

Retailer incentive programs

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

The law prohibits all forms of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and promotion,” retailer incentive programs are prohibited, as this is a form of “commercial action . . . that promotes a tobacco product or its use.”

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

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 all forms of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and promotion,” paid placement of tobacco products in TV, film or other media is prohibited, as this is a form of “commercial action . . . that promotes a tobacco product or its use.”

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

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 all forms of tobacco advertising and promotion. The law does not specifically address unpaid depiction of tobacco products or use in TV, film, or other entertainment media. However, the definition of “advertising and promotion,” which includes “any form of communication . . . that directly or indirectly promotes a tobacco product or use” is interpreted as covering unpaid depiction of tobacco products or use. Thus, unpaid depiction of tobacco products or use in TV, film, or other media is prohibited.

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

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 any contribution that directly or indirectly promotes a tobacco product or its use in any action or activity or to any person. The prohibition specifically includes cross-border sponsorship that may penetrate the national territory.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products.

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.
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Analysis:

All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.

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

Promotion by any means that are false, misleading or deceptive

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to promotion of tobacco products by means that are false, misleading, or deceptive or that are likely to create an erroneous impression.