LANGUAGE
Last updated: May 14th 2018

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 and “other similar media.” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic television and radio.

Domestic 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.
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Analysis:
The law and regulations allow tobacco advertising in newspapers and magazines whose target audience are people over the age of 18. However, tobacco advertising may not be placed on the front or back cover. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion in all domestic newspapers and magazines.

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

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 allows tobacco advertising via domestic print media, such as pamphlets, leaflets, flyers, posters and signs, with restrictions on location. Such advertising is not permitted in health facilities; public offices; in, or within 500 meters of, education facilities of any level or nature; at sporting activities of any type; at exhibits and shows where entry is permitted to those under 18 years of age; or within reach of minors at places catering to the public. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic print media advertising, regardless of location.

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 advertising on television and radio and “other similar media.” However, the law does not specify that the prohibition applies to international, as well as domestic, television and radio. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to international (cross-border) as well as domestic television 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 advertising on television and radio and “other similar media.” However, the law does not specify that the prohibition applies to international, as well as domestic, television and radio. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to international (cross-border) as well as domestic television and radio.

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.
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Internet communications (not sales)

Analysis:
The law prohibits tobacco advertising on television and radio and “other similar media.” The regulations specify that “other similar media shall be understood as closed circuit radio and television, local radio and television community media and Web sites.” However, the law does not specify that tobacco advertising via email communication is banned, and the law is therefore interpreted as permitting email communication. Because tobacco advertising is prohibited on websites but permitted by email communication, 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 via internet communications.

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not address tobacco product sales by internet. Therefore, the law is interpreted as allowing such sales. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet sales of tobacco products as such sales inherently involve tobacco advertising and promotion, as stated in FCTC Art. 13 Guidelines paras. 18-19.

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

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 generally permits outdoor advertising; however such advertising is not permitted within 500 meters of educational facilities of any level or nature. The regulations further specify that outdoor advertising is prohibited around educational facilities and at sporting events (indoor and outdoor). To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all outdoor advertising, regardless of location.

Point of sale advertising/promotion

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

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

Analysis:
The law does not address tobacco advertising and promotion at point of sale. Therefore the law is interpreted as allowing point of sale advertising and promotion. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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:
The Regulations (Decree No. 015-2008) permit point of sale tobacco product display. However, the packages must be displayed so that the health warnings are exposed. To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12–13, the law should prohibit all tobacco product display and visibility, as this is a form of advertising.

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.
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Analysis:
The sale of tobacco products by vending machine is restricted to locations where access is permitted only to those above the age of 18. In addition, tobacco products in vending machines must be displayed such that the health warning on the package is visible. Although the law aligns with FCTC Art. 16 (sales to minors) because the location of vending machines is restricted, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should completely prohibit the sale of tobacco products by vending machines, regardless of location, as vending machines are an inherent form of advertising and promotion.

Conventional mail

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not address tobacco advertising and promotion by conventional mail. Therefore, the law is interpreted as allowing such advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by conventional mail.

Telephone and cellular phone

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not address tobacco advertising and promotion by telephone and cellular (mobile) phone. Therefore, the law is interpreted as allowing such advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by telephone and cellular (mobile) phone.

Brand marking on physical structures

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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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 generally permits brand marking. However, the use of logos, graphics, designs, slogans, symbols, sayings, sales messages, colors or other elements associated with tobacco products is prohibited in health and education facilities. The law does not address brand marking on other structures or in other places and therefore it is interpreted as being allowed. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand marking on all physical structures, vehicles and equipment.

Free distribution of 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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Analysis:
The law and regulations prohibit the free distribution of tobacco products on public roadways and in places where minors under the age of 18 are allowed to enter. In other places, the free distribution of tobacco products is permitted, provided it can be verified that the recipient is at least 18 years of age. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meet FCTC Art. 16, the law should prohibit the free distribution of tobacco products to all the general public, regardless of place or age of recipient.

Promotions with a tobacco product purchase

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

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 does not address promotional discounts, gifts, prizes and rewards in conjunction with a tobacco product purchase. Therefore, the law is interpreted as allowing such practices. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotional discounts, gifts, prizes and rewards in conjunction with a tobacco product purchase.

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:
The law prohibits tobacco sponsorship of events and activities aimed at minors. This provision would restrict competitions associated with tobacco products, allowing only competitions aimed at those 18 years and older. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products, regardless of the age of the target audience.

Direct person to person targeting of individuals

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not address direct person-to-person targeting of individuals. Therefore, the law is interpreted as allowing such practices. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person-to-person targeting of individuals.

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 and regulations prohibit tobacco advertising, such as brand logos or other brand indicia, on articles of clothing and “accessories.” “Accessories” is not defined in the law or regulations, and therefore it is difficult to determine if the ban applies to all non-tobacco products. The law does not address whether services may carry tobacco brands or logos; therefore the law is interpreted as permitting brand marking of services. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching, not just on articles of clothing and accessories.

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

Toys that resemble tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:
The law prohibits the promotion or distribution of toys that resemble tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:
The law does not address candy that resembles tobacco products. Therefore, the law is interpreted as allowing the sale and distribution of candy that resembles tobacco products. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale or distribution of 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 such practices. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs.

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

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 ban on tobacco advertising on television and radio can be interpreted to prohibit paid placement of tobacco products on TV programming. However, the law does not contain restrictions or prohibitions on paid placement of tobacco products in film or other media. Therefore, the regulatory status “Some Restrictions” is assigned. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all paid placement of tobacco products in TV, film and other media.

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. 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.
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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 sponsoring any event or activity aimed at minors with the brand name, logo, or other identifying shape of any tobacco product. Sponsorship is not defined, so the full scope of the law is unclear. The law also prohibits the tobacco industry from participating in tobacco prevention programs. The law allows sponsoring of individuals, organizations, and events aimed at adults, and of events that do not involve the brand name of a tobacco product. 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 event, activity, individual, organization, or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use 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 sponsoring any event or activity aimed at minors with the brand name, logo, or other identifying shape of any tobacco product. Sponsorship is not defined, so the full scope of the law is unclear. The law also prohibits the tobacco industry from participating in tobacco prevention programs. The law allows sponsoring of individuals, organizations, and events aimed at adults, and of events that do not involve the brand name of a tobacco product. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit the sponsorship of any event, activity, individual, organization, or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

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 and regulations prohibit the use of the terms “Light”, “Ultralight”, “Smooth”, “Supersmooth”, and synonyms or associated symbols, on labels and in advertising, trademarks or slogans. In addition, the regulations (Decree 015-2008) prohibit the use on packaging or in advertising of any phrases, images or other any other messages that may suggest less toxicity or less harm to health. 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 about its characteristics, health effects, hazards or emissions.