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 law prohibits advertising of tobacco products on TV, radio, and any other form of audiovisual commercial communication.

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 law prohibits tobacco advertising and promotion in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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 law prohibits tobacco advertising in “print media” and “on billboards, awnings or any other display structure regardless of the type of material used to produce them.” Taken together, these two provisions are interpreted to prohibit tobacco advertising on all domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.

The law contains an exception for advertising in publications intended exclusively for professionals in the trade of tobacco products. Nonetheless, because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, the regulatory status code "Banned" is given. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other 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.
Analysis:

The law prohibits advertising of tobacco products on TV, radio, and any other form of audiovisual commercial communication. Under Law No. 504/2002 (the Audiovisual Law), the prohibition on audiovisual tobacco advertising applies to all media service providers under Romanian jurisdiction, which includes both those operating in Romania and those using satellite up-links belonging to or appertaining to Romania. Therefore, tobacco advertising on international 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 international TV and radio.

International 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.
Analysis:

The law prohibits tobacco advertising in print media with the exception of: 1) advertising in trade publications, and 2) “publications that have not been edited or printed in Romania or in a Member State of the European Union and are primarily not intended for the Romanian or Community market.” Because of the second exemption, the regulatory status code “Some Restrictions” is given.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of the country of origin and principal target market.

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:

Article 3(1)(e) of Law No. 457/2002 prohibits advertising of tobacco products through “information society services,” which includes internet communications. However, the law provides for an exception to the ban on tobacco advertising on information society services for “publications that have not been edited or printed in Romania or in a Member State of the European Union and are primarily not intended for the Romanian or Community market.” Therefore, tobacco advertising through internet communications that originate outside Romania or the EU and are not primarily intended for Romania or the EU are not prohibited. Because of this exemption, the regulatory status code “Some Restrictions” is given.

Because the law restricts tobacco advertising via internet communications, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states: “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all internet communications, regardless of the country of origin and principal target market.

Internet tobacco product sales

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:

Law No. 201/2016 prohibits cross-border distance sales of tobacco products to consumers in Romania (incoming). It also prohibits retailers in Romania from engaging in cross-border distance sales to consumers in other EU Member States where such sales have been prohibited. However, it appears that cross-border distance sales are permitted to EU Member States that allow them and other non-EU countries. The law places further restrictions (e.g., age verification) on permitted sales. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly state that tobacco product sales through the internet are prohibited.

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

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

Article 3(1)(d) of Law No. 457/2002 prohibits advertising of tobacco products “on billboards, awnings or any other display structures regardless of the type of material used to produce them, of the site where they are placed or the type of fees owed . . . .” The law also prohibits tobacco advertising “by using tobacco products brands or messages that promote smoking written or placed on the outside of any transport, and on the inside or outside of any public transport.”

Taken together, these provisions are interpreted as prohibiting all outdoor advertising of tobacco products.

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

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 prohibits advertising of tobacco products on billboards or other display structures “with the exception of those installed in departments dedicated exclusively to the sale of tobacco products within commercial establishments.” Therefore, point of sale advertising and promotion is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit all tobacco advertising and promotion, including 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 tobacco product display, including the visibility of tobacco products, at point of sale.

Vending machines

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

Law No. 349 of 2002 prohibits the sale of tobacco products through vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to tobacco sales through vending machines.

Conventional mail

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

The law does not directly address tobacco advertising and promotion through conventional mail. However, Law No. 457 of 2004 prohibits advertising of tobacco products “in print media and in any other publications and printed materials.” Because advertising through conventional mail uses printed materials, the law is interpreted as prohibiting tobacco advertising through conventional mail.

The law contains an exception for advertising in publications intended exclusively for professionals in the trade of tobacco products. It is possible that these publications would be distributed by mail. However, because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, the regulatory status code "Banned" is given. 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

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

The law does not address tobacco advertising and promotion via telephone and cellular (mobile) phone. Therefore, the law is interpreted as allowing tobacco advertising by telephone and cellular (mobile) phone.

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

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:

Law No. 457 of 2004 prohibits tobacco advertising “on billboards, awnings or any other display structures regardless of the type of material used to produce them, of the site where they are placed or the type of fees owed”, “by using tobacco products brands . . . for services unrelated to the sale of tobacco products” and “by using tobacco products brands or messages that promote smoking written or placed on the outside of any transport, and on the inside or outside of any public transport.” Taken together, these provisions are interpreted as prohibiting brand marking on venues, structures, and vehicles.

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

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.
Analysis:

Law No. 457 of 2004 prohibits free distribution of tobacco products to youth under 18 years of age and at sponsored events (tobacco sponsorship of some, but not all, events is permitted).

The law meets FCTC Art. 16 in that it prohibits free distribution of tobacco products to youth under 18 years of age. However, 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 prohibit the free distribution of tobacco products to the general public in all settings.

Promotions with a tobacco product purchase

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.

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:

Law No. 201/2016 prohibits coupons and other discount offers from being included/displayed on tobacco product packaging and labeling. However, the law does not appear to prohibit promotional activities themselves. Because of the packaging restrictions, the regulatory status code “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 promotions with a tobacco product purchase. 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.

Competitions associated with tobacco products

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

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

Analysis:

The law does not address competitions associated with tobacco products. Therefore, the law is interpreted as allowing competitions associated with tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco promotion, including competitions associated with tobacco products. 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.

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 tobacco promotion through direct person to person targeting of individuals. Therefore, the law is interpreted as allowing direct person to person targeting of individuals.

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

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:

Law No. 349 of 2002 prohibits “the use of a tobacco logo or brand name to promote or market other products.” Law No. 457 of 2004 contains a similar prohibition but allows for one exception. Specifically, Law No. 457 of 2004 prohibits tobacco advertising “by using tobacco products brands on products other than tobacco products or for services unrelated to the sale of tobacco products, with the exception of products used for smoking, such as ashtrays, lighters and matchsticks.” Because of the exception in Law No. 457 of 2004 for ashtrays, lighters, and matchsticks, the regulatory status code “Some Restrictions” is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching, including on items such as ashtrays, lighters, and matchsticks.

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 prohibit all tobacco advertising and promotion, 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:

Law No. 457 of 2004 prohibits advertising of tobacco products “through the sale or offering of free food products or toys manufactured with the clear intent of making the product and/or its packaging resemble a type of tobacco product.”

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:

Law No. 457 of 2004 prohibits advertising of tobacco products “through the sale or offering of free food products or toys manufactured with the clear intent of making the product and/or its packaging resemble a type of tobacco product.” Therefore, candy that resembles a tobacco product is forbidden.

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

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 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

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:

Law No. 504 of 2002, the Audiovisual Law, prohibits product placement of tobacco products or cigarettes in audiovisual broadcasts, which includes TV and online streaming. In addition, Law No. 457 of 2004 prohibits advertising of tobacco products “at entertainment venues, in movie theaters or other type of video projection halls for the public”. This provision in Law No. 457 of 2004 prohibits direct advertising in a theatre, but does not necessarily prohibit product placement within a film itself (which may be downloaded or purchased in DVD format). Therefore, the law is interpreted as restricting but not fully prohibiting all paid placement of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including paid placement of tobacco products in TV, film, and other media. 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.

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 or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction 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 law restricts tobacco industry sponsorship of events and activities. Specifically, Law No. 457 of 2004 prohibits tobacco industry sponsorship of “events or activities with cross-border effects, or which involve or take place in at least two Member States of the European Union, one of which is Romania,” “events and activities intended for youth under 18 years of age,” and “events and activities that take place at medical facilities or at medico-pharmaceutical educational facilities.” In addition, Law No. 504 of 2002 prohibits tobacco industry sponsorship of TV and radio programs. Tobacco industry sponsorship of other types of events, such as those solely within and involving Romania intended for those above 18 years of age, are permitted. In addition, contributions to corporate social responsibility programs are permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco industry sponsorship of all events, activities, individuals, groups, organizations, and government.

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 law restricts tobacco industry sponsorship. Specifically, tobacco industry sponsorship of “events or activities with cross-border effects, or which involve or take place in at least two Member States of the European Union, one of which is Romania,” “events and activities intended for youth under 18 years of age,” and “events and activities that take place at medical facilities or at medico-pharmaceutical educational facilities” are prohibited. Tobacco industry sponsorship of other types of events and activities are allowed. Consequently, there can be no publicity of sponsorship that is prohibited but publicity of permitted sponsorship is allowed (to the extent that tobacco advertising and promotion is permitted).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco industry sponsorship, and publicity thereof, for all events, activities, individuals, groups, organizations, and government.

Promotion by any means that are false, misleading or deceptive

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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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:

Law No. 2016/2016 prohibits on tobacco product packaging any feature or element that creates an erroneous impression a tobacco product’s health characteristics, health effects, risks or emissions.” Such elements and features include terms/text, symbols, names, trademarks, and figurative or other signs.

However, there is no provision addressing directly promotion by means (other than packaging) that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product. Therefore, such means of promotion is permitted to the extent that tobacco advertising and promotion is permitted under Law No. 457/2004. Because of the restrictions on product packaging, which is a means of advertising, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.