LANGUAGE
Last updated: December 8th 2020

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 any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, which is interpreted to include domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards to domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, which is interpreted to include domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards 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.
Analysis:

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards to 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 tobacco use or tobacco promotion in electronic media broadcasted in the country including movies, publications, and distribution of broadcasts. Therefore, the law is interpreted as prohibiting tobacco advertising and promotion on international TV and radio.

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

International newspapers and magazines

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

The law prohibits tobacco use or tobacco promotion in electronic media broadcasted in the country including movies, publications, and distribution of broadcasts Therefore, the law is interpreted to prohibit tobacco advertising and promotion on international newspapers and magazines.

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

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio and visual domestic media channels, including websites and online platforms.

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

Internet tobacco product sales

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

The law does not prohibit internet tobacco product sales. While the law prohibits any indirect or direct advertising on websites and online platforms, it is unclear whether sales would be prohibited without an explicit ban.

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

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

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

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, which is interpreted to include outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards to outdoor advertising.

Point of sale advertising/promotion

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

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

Analysis:

While the law does not specifically address prohibiting point of sale advertising and promotion, the law prohibits all tobacco advertising and promotion. In addition, a circular was issued to municipalities by the Ministry of Municipal and Rural Affairs instructing municipal officials to notify shop owners that tobacco advertising is prohibited in sales outlets. Therefore, the law is interpreted as prohibiting tobacco advertising and promotion at the point of sale.

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.
Analysis:

While the law does not specifically address prohibiting point of sale product display, the law prohibits all tobacco advertising and promotion. In addition, a circular was issued to municipalities by the Ministry of Municipal and Rural Affairs instructing municipal officials to notify shop owners that products must be kept in inconspicuous or out of sight places. Therefore, the law is interpreted as prohibiting point of sale product display.

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.
Analysis:

The law prohibits the display and sale of tobacco products via vending machines.

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

Conventional mail

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

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, which is interpreted to include advertising via conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards to conventional mail.

Telephone and cellular phone

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

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, which is interpreted to include advertising through telephones and cellular phones.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regards to telephone or cellular 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:

The law bans all advertising and promotion of tobacco products. The law further specifies that “no product with any direct or indirect tobacco advertising . . . shall be imported, sold, or offered.” Therefore, tobacco advertising and promotion via brand marking 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.
Analysis:

The law prohibits tobacco products from being sold at reduced or discounted prices or being given away as free samples or gifts.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to free distribution of tobacco products is prohibited.

Promotions with a tobacco product purchase

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

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 any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels. The law further prohibits tobacco products from being sold at reduced or discounted prices, or to be offered for promotional purposes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion with a tobacco product purchase.

Competitions associated with tobacco products

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

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

Analysis:

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels. The law further prohibits tobacco products to be offered for promotional purposes, including for prizes. Taken together, the law is interpreted to prohibit competitions associated with tobacco products.

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

Direct person to person targeting of individuals

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

The law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channel including any electronic media. Although the law does not specify that direct person-to-person tobacco advertising is prohibited, the broad ban on tobacco advertising and promotion is interpreted to cover this form of advertising.

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

The law prohibits the sale, offering or importation of products with any direct or indirect tobacco advertising. Therefore, brand stretching is prohibited.

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.

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law prohibits the sale, offering or importation of products with any direct or indirect tobacco advertising. Therefore, reverse brand stretching 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.
Analysis:

The law prohibits children’s toys shaped like cigarettes or cigarette packs or smoking items from being imported or sold.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale or distribution of toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law prohibits confectionery items shaped like cigarettes or cigarette packs or smoking items from being imported or sold.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to the sale or distribution of candy that resembles tobacco products.

Retailer incentive programs

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

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 specifically address retailer incentive products. However, the law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels. A ministerial order further prohibits the advertising and display of tobacco products at points of sale. Even so, it is unclear whether these provisions would ban retailer incentive programs. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, retailer incentive programs should be prohibited.

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

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

The law requires that scenes containing tobacco use or promotion are removed from movies, programs, and publications. 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 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

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

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 requires that scenes containing tobacco use or promotion are removed from movies, programs, and publications. Therefore, unpaid depiction of tobacco use or tobacco products in media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction or tobacco use or tobacco products.

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

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

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 does not address tobacco industry sponsorship of events, activities, individuals, organizations, or governments. The regulations only prohibit tobacco sponsorship through printed, audio, and visual domestic media channels including on websites and online platforms. Therefore, the law is interpreted as allowing tobacco industry sponsorship of events, activities, individuals, organizations, or governments, including contributions to "corporate social responsibility" programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco sponsorship of all kinds. In addition, to clarify the scope of the ban and to aid in enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

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.
Analysis:

The law prohibits tobacco sponsorship through printed, audio, and visual domestic media channels including websites and online platforms. Therefore, the law is interpreted as prohibiting publicity of tobacco 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.

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 specifically address false or misleading promotions. However, the law prohibits any indirect or direct advertising and promotion of tobacco products via audio, visual and printed domestic media channels, including on websites and online platforms. Because the law comprehensively prohibits the promotion of tobacco products, it is also interpreted to ban false or misleading promotions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion of tobacco products by false or misleading means.