LANGUAGE
Last updated: August 18th 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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on domestic TV, radio, and other broadcast media (e.g., satellite, cable) is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic broadcast media.

Law Source, Section

Domestic newspapers and magazines

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

Law Source, Section

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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in other domestic print media is banned.

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.

Law Source, Section

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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on international TV, radio, and other broadcast media (e.g., satellite, cable) is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international broadcast media.

Law Source, Section

International newspapers and magazines

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in international newspapers and magazines is banned.

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

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through internet communications is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.

Law Source, Section

Internet tobacco product sales

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

The law prohibits the sale of tobacco products “through the post or through the internet, or by other means through which the age of the purchaser cannot be reliably ascertained.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to internet sales of tobacco products.

Law Source, Section

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

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through outdoor advertising is banned.

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

Law Source, Section

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:

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship, including point of sale advertising and promotion. The law permits only a price list of prescribed size and form within retail establishments licensed to sell tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Law Source, Section

Point of sale product display

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:

Article 9 prohibits the sale of tobacco in a manner in which it can be handled by the consumer before purchase. Thus, in-front-of-counter displays are prohibited. Because the visibility of tobacco products behind the counter is not specifically prohibited, the law is interpreted as allowing the visibility of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display and visibility.

Law Source, Section

Vending machines

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

The law prohibits the sale of tobacco products through automatic vending machines.

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 regard.

Law Source, Section

Conventional mail

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through conventional mail is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Law Source, Section

Telephone and cellular phone

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through telephone and cellular phone is banned.

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

Law Source, Section

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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. The broad definition of “advertisement,” which encompasses any commercial “communication, act or practice,” including “images, colours and any other graphics” that has the “likely effect of promoting a tobacco product,” covers brand marking. Therefore, all forms of brand marking are banned.

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

Law Source, Section

Free distribution of tobacco products

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

The law specifically prohibits the distribution of a tobacco product as a sample, gift, bonus, or prize.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets Art. 16 with regard to free distribution of tobacco products.

Law Source, Section

Promotions with a tobacco product purchase

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

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 specifically prohibits the provision of a tobacco product as an incentive, gift, sample, bonus, or prize. However, the law does not specifically prohibit the provision of other gifts and prizes in conjunction with the purchase of a tobacco product. Although the law prohibits all advertising and promotion, the law only defines “advertising” and not “promotion,” and therefore it is difficult to determine whether this practice falls within the ban.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should define “tobacco advertising and promotion” as provided in the FCTC to make clear that this practice is covered under the ban.

Law Source, Section

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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. The broad definition of “advertisement,” which includes any commercial “communication, act or practice,” that has the “effect or likely effect of promoting a tobacco product,” encompasses competitions associated with tobacco products. Therefore, this form of advertising and promotion is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Law Source, Section

Direct person to person targeting of individuals

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

The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” direct targeting of individuals with promotional information is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Law Source, Section

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 specifically prohibits the use of “any name, logo, brand name, colour, graphic, or other indicia associated or likely to be associated with a tobacco product, tobacco manufacturer or seller on a non tobacco product.” Thus, brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section

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 specifically prohibits the use of “any logo, slogan, trademark or brand name of a non tobacco product or service on a tobacco product.” Thus, reverse brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section

Toys that resemble tobacco products

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

The law prohibits manufacture, import, supply, display, distribution, and sale of sweets, snacks, toys, or other non-tobacco products resembling tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture or sale of any non-tobacco product that resembles a tobacco product.

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits manufacture, import, supply, display, distribution, and sale of sweets, snacks, toys, or other non-tobacco products resembling tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture or sale of any non-tobacco product that resembles a tobacco product.

Law Source, Section

Retailer incentive programs

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

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 domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” which includes any commercial act or practice that has the effect or likely effect of promoting tobacco use, retailer incentive programs are covered by the definition. Thus, retailer incentive programs are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section

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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” which includes any commercial act or practice that has the effect or likely effect of promoting tobacco use, paid placement of tobacco products is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Law Source, Section

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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

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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Because the definition of “advertisement” refers only to “commercial” acts and practices, it is unclear if “unpaid” depiction of tobacco products is prohibited, as this might not be considered commercial in nature.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with the FCTC Art. 13 Guidelines paras. 29-32, such as certification that no consideration was given in exchange for the depiction and, for media entertainment products, prohibition of depiction of brand images, required display of anti-tobacco advertisements, and a ratings or classification system.

Law Source, Section

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

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

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 any form of direct or indirect domestic or cross-border tobacco sponsorship. “Tobacco sponsorship” is defined as “a public or private contribution made to a person, a team or an event with the aim, effect or likely effect of promoting a tobacco product, manufacturer, an importer, or tobacco use 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. For better clarity, the law should prohibit contributions to any organization as opposed to “teams,” which may be narrowly construed.

Law Source, Section

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:

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.

Law Source, Section

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 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 in this respect.

Law Source, Section