LANGUAGE
Last updated: January 10th 2018

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising on domestic TV and radio is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via domestic TV and radio.

Domestic newspapers and magazines

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising in domestic newspapers and magazines is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via domestic newspaper and magazines.

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

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising via other domestic print media is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via other domestic print media.

International TV and radio (including all broadcast media such as satellite and cable)

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising on international TV and radio is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via international TV and radio.

International newspapers and magazines

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising in international newspapers and magazines is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution Therefore, tobacco advertising via internet communications is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including 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 the sale of tobacco products via the internet, nor does it include a broad ban on tobacco advertising. 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 explicitly prohibit internet tobacco product sales as internet sales are an inherent form of advertising.

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

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, outdoor tobacco advertising is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via outdoor advertising.

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:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, point of sale advertising is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including point of sale advertising.

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, nor is there a general ban on tobacco advertising and promotion. Therefore, the law is interpreted as allowing tobacco product display at the point of sale.

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 the point of sale.

Vending machines

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

The law does not address vending machine sales of tobacco products, nor is there a general ban on tobacco advertising and promotion. Therefore, the law is interpreted as allowing vending machine sales of tobacco products.

The law does not align with FCTC Art. 13, the FCTC Art. 13 Guidelines, or FCTC Art. 16. At a minimum, to meet FCTC Art. 16 (sales to and by minors), the law should ensure that tobacco vending machines are not available to minors. To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 14, the law should prohibit all tobacco vending machines because they constitute, by their very presence, a means of tobacco advertising and promotion.

Conventional mail

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising via conventional mail is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including advertising via conventional mail.

Telephone and cellular phone

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising via telephone and cellular phone is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including advertising via telephone and cellular phone.

Brand marking on physical structures

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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:

Although the language is a bit unclear, Art. 15 is interpreted as prohibiting the use of a tobacco product’s brand name or logo on non-tobacco products or services. However, it is unclear if this provision would apply to the use of a tobacco product’s brand name or logo on physical structures, such as entertainment venues and retail outlets. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including brand marking on physical structures.

Free distribution of tobacco products

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

The law specifically prohibits the distribution to the public of free samples of tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to free distribution.

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:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, promotions offered in conjunction with a tobacco product purchase are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including promotions with a tobacco product purchase.

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:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising via competitions associated with tobacco products is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including advertising via competitions associated with tobacco products.

Direct person to person targeting of individuals

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, tobacco advertising via person to person targeting of individuals is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including direct person to person advertising.

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:

Although the language is a bit unclear, Art. 15 is interpreted as prohibiting the use of a tobacco product’s brand name or logo on non-tobacco products or services.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect. However, the law could be made clearer by using the term "tobacco advertising and promotion" and defining it in accordance with FCTC Art. 1(c).

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 appears to prohibit brand stretching, but does not address reverse brand stretching – tobacco products or services using non-tobacco brand names. Therefore, reverse brand stretching is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including advertising via reverse brand stretching.

Toys that resemble tobacco products

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

The law does not prohibit toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law does not prohibit candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including 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:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including retailer incentive programs.

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

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

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Paid placement of tobacco products in TV, film, or other media is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including paid placement of tobacco products in TV, film, or 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:

There is no general ban on tobacco advertising and promotion, but instead only an explicit ban on free distribution. Unpaid depiction of tobacco products or tobacco use in media is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including the unpaid depiction of tobacco products and tobacco use in the media.

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 prohibits tobacco industry sponsorship of cultural events, sports events, and events similar to those. However, other forms of tobacco sponsorship are not prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco sponsorship” and ban all forms of tobacco sponsorship.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

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

There is no general ban on tobacco advertising and promotion. Thus, to the extent that sponsorship by the tobacco industry is permitted, that sponsorship can be publicized.

The law does contain a provision banning the display of “the name, the trade mark of the advertising emblem of a given tobacco product or the name of the producer, the manufacturer or the dealer in tobacco and tobacco products” at cultural and sporting events. However, the law is interpreted as prohibiting tobacco industry sponsorship of cultural and sporting events.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definitions of “tobacco advertising and promotion” and “tobacco sponsorship” and ban all forms of tobacco advertising, promotion and sponsorship.

Promotion by any means that are false, misleading or deceptive

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

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 does not prohibit tobacco advertising. Therefore, tobacco advertising using false or misleading means are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters should utilize the FCTC definition of “tobacco advertising and promotion” and ban all forms of tobacco advertising and promotion, including via means that are false or misleading.