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.
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Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” 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 domestic TV 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 all forms of tobacco advertising, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” 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 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. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, tobacco advertising and promotion in other domestic print media (e.g., posters, flyers, signs) is prohibited.

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. Because the law incorporates the FCTC definition of “tobacco advertising and promotion,” the law is interpreted as prohibiting tobacco advertising and promotion on both domestic and international TV and radio. The Annex to the FCTC Art. 13 Guidelines clarifies that the ban outlined in the Guidelines applies to both domestic and cross-border tobacco advertising, promotion and sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio.

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 tobacco advertising, promotion and sponsorship. Because the law incorporates the FCTC definition of “tobacco advertising and promotion,” the law is interpreted as prohibiting tobacco advertising and promotion in both domestic and international newspapers and magazines. The Annex to the FCTC Art. 13 Guidelines clarifies that the ban outlined in the Guidelines applies to both domestic and cross-border tobacco advertising, promotion and sponsorship.

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

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, tobacco advertising and promotion via internet is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

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.
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Analysis:

The law prohibits remote retail sales, which includes internet sales. However, the law contains a small exception that may permit delivery by mail for towns that have no stores.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all internet tobacco product sales.

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. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, outdoor advertising of tobacco products is prohibited.

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. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, tobacco advertising and promotion at points of sale is prohibited.

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:

Product displays at “trade sites” are prohibited. The law permits retailers to display only a black-and-white alphabetical list of tobacco products sold.

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 prohibits the sale of tobacco products by vending machine.

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

Conventional mail

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 law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, advertising and promotion of tobacco products by conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion by 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 law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, advertising and promotion of tobacco products by telephone and cellular phone is prohibited.

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

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. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, the use of distinctive words, designs, images, logos, sounds or color to promote tobacco products in entertainment venues, retail outlets, and 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.
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Analysis:

The law, which includes FCTC-compliant definitions, prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law includes a specific provision prohibiting the distribution of tobacco products to the public free of charge.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets 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.
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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, which includes FCTC-compliant definitions, prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law specifically prohibits the use of price discounts for tobacco products by any means, including coupons and vouchers.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.

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, which includes FCTC-compliant definitions, prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law specifically prohibits lotteries, contests, games, and other events that require tobacco purchase. Other promotions are prohibited by the general ban.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products or brand names.

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, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, advertising and promotion of tobacco products by direct person to person targeting of individuals is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person targeting of individuals.

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, which includes FCTC-compliant definitions, prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law specifically prohibits the use of a tobacco trademarks on non-tobacco goods. Other brand stretching is prohibited by the general ban on all forms of tobacco advertising, promotion and sponsorship.

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

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, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, the use of non-tobacco brand names on tobacco products or services is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 all forms of tobacco advertising, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” In addition, the law specifically prohibits the use and imitation of tobacco products in the production of other types of goods that are non-tobacco products. Therefore, toys that resemble tobacco products are prohibited.

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.
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Analysis:

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” In addition, the law specifically prohibits the use and imitation of tobacco products in the production of other types of goods that are non-tobacco products. Therefore, candy that resembles tobacco products is prohibited.

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

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, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, retailer incentive programs are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retail incentive programs.

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, promotion and sponsorship. The law incorporates the FCTC definition of “tobacco advertising and promotion.” Therefore, paid placement of tobacco products in TV, film, or other media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

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, which includes FCTC-compliant definitions, prohibits all forms of tobacco advertising, promotion and sponsorship. The law also prohibits any demonstration of tobacco products or tobacco use in any audiovisual material intended for children. The demonstration of tobacco products or tobacco use in audiovisual material intended for adults is prohibited unless it is an integral part of the artistic design. Any demonstration that falls under this exemption must be accompanied by a public service announcement about the dangers of tobacco use before or during the demonstration.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary.

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 all tobacco sponsorship, which is defined as “any type of contribution to any event, activity or individual, the purpose, result or probable result of which is the promotion of the sale of tobacco products or the consumption of tobacco directly or indirectly.”

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 and promotion. 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.