LANGUAGE
Last updated: February 10th 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 direct and indirect advertising of tobacco, tobacco products, and related products. This includes tobacco advertising via domestic TV and radio.

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.
Analysis:

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes tobacco advertising via domestic newspapers and magazines.

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.
Analysis:

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes tobacco advertising via domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media.

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

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

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes tobacco advertising via domestic TV and radio. However, the law does not explicitly address international or cross-border TV and radio. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion on international or cross-border TV and radio.

International newspapers and magazines

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

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes tobacco advertising via domestic newspapers and magazines. However, the law does not explicitly address international or cross-border newspapers and magazines. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion in 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 specifies that all direct and indirect tobacco advertising, including via information society services (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

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

The law specifically prohibits selling tobacco, tobacco products, and related products via the internet or any other cross-border distance sales.

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

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

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

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes outdoor advertising such as billboards or posters.

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.

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

Analysis:

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This is interpreted as including 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:

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. The law specifies that product display at points of sale is considered indirect advertising and, therefore, prohibited under the law. Retailers are required to store products “in such a way that they are not visible or accessible to the public.” One publication (A4 size) is permitted to indicate which products are available to purchase.

The law also specifies that tobacco products cannot be sold from temporary or mobile points of sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to product display at points of sale.

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 by vending machine.

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

Conventional mail

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

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes advertising via conventional mail.

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

Telephone and cellular phone

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

The law prohibits direct and indirect advertising of tobacco, tobacco products, and related products. This includes advertising via telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and 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 prohibits direct and indirect advertising of tobacco, tobacco products, and related products. The law specifies that the use of tobacco brands and other markings on non-tobacco items (e.g., retail outlets, vehicles, etc.) is to be considered indirect advertising. Brand marking, therefore, is prohibited under the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect 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 prohibits direct and indirect advertising of tobacco, tobacco products, and related products. The law specifies that free distribution of tobacco products in public places is considered indirect advertising. Free distribution, therefore, is prohibited under the law.

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

Law Source, Section

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 specifically prohibits “[p]romotional gifts, vouchers, stamps and discount coupons or any other similar offers related to the purchase of tobacco, tobacco products and related products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions in conjunction 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 direct and indirect advertising and promotion of tobacco, tobacco products, and related products. In addition, the law prohibits “[p]romoting the sale of tobacco, tobacco products and related products.” This is interpreted as covering competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not.

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

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 direct and indirect advertising and promotion of tobacco, tobacco products, and related products. The definition of “advertising and promotion” is broad and would likely encompass any direct or indirect promotional communication or action. Therefore, direct person-to-person targeting of individuals is prohibited under the law.

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

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 prohibits direct and indirect advertising and promotion of tobacco, tobacco products, and related products. The law specifies that brand stretching is a form of indirect advertising and, therefore, is prohibited under the law. Specifically, the law states that “[i]ndirect advertising is also deemed to occur when the name, mark, brand, logo, commercial designation or any other distinctive feature, including special colour combinations, of another product or service resembles tobacco, tobacco products and related products … in such a way that these products may be linked with such a product or service.”

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 direct and indirect advertising and promotion of tobacco, tobacco products, and related products. The law specifies that reverse brand stretching is a form of indirect advertising and, therefore, is prohibited under the law. Specifically, the law states that “[i]ndirect advertising is deemed to occur when the name, mark, brand, logo, commercial designation or any other distinctive feature, including special colour combinations, of tobacco, tobacco products and related products” resembles a non-tobacco product or service “in such a way that tobacco … may be linked with such a product or service.”

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 specifically prohibits manufacturing or offering for sale sweets, snacks, toys or other items in the shape of tobacco and related products intended for persons under 18. Therefore, the law prohibits toys that resemble tobacco products.

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:

The law specifically prohibits manufacturing or offering for sale sweets, snacks, toys or other items in the shape of tobacco and related products intended for persons under 18. Therefore, the law prohibits candy that resembles tobacco products.

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.

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 direct and indirect advertising and promotion of tobacco, tobacco products, and related products, as well as sponsorship of any event, activity, or individual. The definitions of “advertising and promotion” and “donation or sponsorship” are broad and would likely cover retailer incentive programs. Therefore, the law is interpreted as prohibiting retailer incentive programs.

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

The law prohibits direct and indirect advertising and promotion of tobacco, tobacco products, and related products. Further, the law prohibits showing tobacco products or use on TV or in public performances intended for persons under the age of 18.

At the same time, the law contains an exception for depiction of tobacco products or use in films, serials, and series. However, because this exception is limited to “depiction” as opposed to “placement,” the law is interpreted as prohibiting paid placement of tobacco products in TV, film, or other media because paid placement would likely meet the definition of “advertising and promotion.” Therefore, the regulatory status “Banned” is given.

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

Law Source, Section

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

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.

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 showing tobacco products or use on TV or in public performances intended for persons under the age of 18. However, the law contains an exception that permits the depiction of tobacco products or use in films, serials, and series. Therefore, the regulatory status “Some Restrictions” is given.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit all unpaid depiction of tobacco products or use that does not serve a legitimate purpose.

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 donations to and sponsorship of any event, activity, or individual with the aim, effect, or potential effect of promoting tobacco, tobacco products, and related products. However, the law does not appear to prohibit donations to organizations or governments. Therefore, the regulatory status “Some Restrictions” is given.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship. To align, the law should prohibit all donations to and sponsorship of any event, activity, individual, organization, or government by the tobacco industry.

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 many kinds of sponsorship by the tobacco industry. For those instances of sponsorship that are permitted, however, there can be no publicity of the sponsorship because of the broad ban on tobacco advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship by the tobacco industry.

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 contains a comprehensive ban on tobacco advertising, promotion and sponsorship. 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 respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.