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 advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising and promotion on domestic TV and radio and other domestic broadcast media (e.g., satellite, cable) is prohibited.

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

Domestic newspapers and magazines

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

The law prohibits advertising or promoting a tobacco product through any direct or indirect means. 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 tobacco advertising and promotion in 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 advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising and promotion via domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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.
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Analysis:

The TPCA prohibits advertising or promoting a tobacco product through any direct or indirect means. The Regulations Relating to Provisions for Exemption for Unintended Consequences and the Phasing Out of Existing Contractual Relationships (Notice No. R. 977) specifically exempts books, magazines, newspapers, film, or video transmission made outside South Africa from this provision in the law. Therefore, TV shows coming through international satellite or other live broadcast means are exempt from the ban. Radio is not specifically exempted, although in practice it is not restricted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border tobacco advertising and promotion, including via international TV, cable, satellite, and radio.

International newspapers and magazines

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

The TPCA prohibits advertising or promoting a tobacco product through any direct or indirect means. Notice No. R. 977 specifically exempts books, magazines, newspapers, film, or video transmission made outside South Africa from this provision in the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border tobacco advertising and promotion, including 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 advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising via internet communications is prohibited.

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

Internet tobacco product sales

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

The law prohibits the sale, or offer of sale, of tobacco products through the internet.

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.
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Analysis:

The law prohibits advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising through outdoor advertising is prohibited.

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

Point of sale advertising/promotion

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

Analysis:

The law prohibits advertising or promoting a tobacco product through any direct or indirect means. However, the law and regulations further provide that a retailer may indicate the availability of tobacco products and their prices by price tickets or a price list not exceeding 630 square centimeters in size. In practice, this has resulted in multiple signs within retail establishments indicting the availability of each type of product, which appears like advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should permit only one textual listing of products and prices, of limited size, within the retail establishment.

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.
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Analysis:

The law prohibits the display of tobacco products in a manner that allows customers to handle the product prior to purchase. However, the law does not prohibit the visibility of products behind the counter.

For the law to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all product displays, including the visibility of tobacco products at point of sale, as provided in FCTC Art. 13 Guidelines para. 13.

Vending machines

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 restricts the placement of vending machines to designated smoking areas.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit vending machine sales of tobacco products as an inherent form of tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines para. 14. In addition, to meet FCTC Art. 16, the laws should ensure that vending machines are not placed where minors have access to them.

Conventional mail

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

The law prohibits advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising and promotion through conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through 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 advertising or promoting a tobacco product through any direct or indirect means. Therefore, tobacco advertising and promotion through telephone and cellular phone is prohibited.

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.

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 advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes any “commercial communication or action . . . with the aim, effect or likely effect of . . . promoting . . . a tobacco brand element.” Therefore, brand marking is a prohibited form of advertising.

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 specifically prohibits the distribution of a tobacco product for free or at a reduced price. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors), in this regard.

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 specifically prohibits the offering of gifts, cash rebates, or the right to participate in contests and/or events in exchange for purchase of a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to these types of activities.

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 prohibits advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes any “commercial communication or action . . . with the aim, effect or likely effect of . . . promoting the sale or use of any tobacco product, tobacco brand element or tobacco manufactures name.” Therefore, tobacco promotion through competitions associated with tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to this type of promotional activity.

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 advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes any “commercial communication or action . . . with the aim, effect or likely effect of . . . promoting the sale or use of any tobacco product, tobacco brand element or tobacco manufactures name.” Therefore, promotion of tobacco products through direct targeting is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct targeting promotional activity.

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 prohibits advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes any “commercial communication or action . . . with the aim, effect or likely effect of . . . promoting . . . tobacco brand element or tobacco manufactures name.” This definition covers brand stretching and, therefore, brand stretching is a prohibited form of tobacco advertising and promotion.

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 advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes any “commercial communication or action . . . with the aim, effect or likely effect of . . . promoting the sale or use of any tobacco product, tobacco brand element or tobacco manufactures name.” This definition covers reverse brand stretching and, therefore, reverse brand stretching is a prohibited form of tobacco advertising and promotion.

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 specifically prohibits the sale or supply of any confectionary or toy that resembles tobacco products.

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

Candy that resembles tobacco products

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

The law specifically prohibits the sale or supply of any confectionary or toy that resembles tobacco products.

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

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 advertising or promoting a tobacco product through any direct or indirect means. The definition of “promotion” includes “the practice of fostering awareness of and positive attitudes towards a tobacco product, . . . for the purposes of selling the tobacco product . . . through various means, including . . . incentives.” Retailer incentive programs fall within this definition of promotion and, therefore, are prohibited under the ban on tobacco advertising and promotion.

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.
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Analysis:

The law prohibits advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” specifically includes product placement. Therefore, paid product placement is prohibited.

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

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.
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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 prohibits advertising or promoting a tobacco product through any direct or indirect means. The definition of “advertising” includes product placement, which in turn is defined as depiction for which a person associated with the program, broadcast, or film “received payment.” This definition excludes unpaid product placement. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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.
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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 advertising or promoting tobacco products through sponsorship of any organization, event, service, physical establishment, program, project, bursary, scholarship, or any other method. The law further prohibits the tobacco industry from making any financial contribution to any organized activity that is to take place in whole or in part within South Africa. Nonetheless, the law allows manufacturers and importers of tobacco products to make charitable contributions or sponsorship, provided that it is not for the purpose of advertisement. “Advertisement” is defined broadly as any commercial action brought to the attention of the public in any manner with the aim, effect or likely effect of promoting the sale or use of any tobacco product, brand element, or manufacturer’s name. The law therefore allows certain contributions that do not have the purpose of promoting a tobacco product, but may have the effect or likely effect of doing so. Additionally, the law allows contributions that are not brought to the attention of the public.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use, directly or indirectly.

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:

The law prohibits advertising or promoting tobacco products through sponsorship of any organization, event, service, physical establishment, program, project, bursary, scholarship, or any other method. The law further prohibits the tobacco industry from making any financial contribution to any organized activity that is to take place in whole or in part within South Africa.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. Providing a definition of “tobacco sponsorship” in accordance with FCTC Art. 1(g), and prohibiting all forms of tobacco sponsorship, would make clearer the scope of the ban.

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 the use of any misleading term, descriptor, trade mark, figurative, or other sign on tobacco product packaging. As there is a comprehensive ban on advertising and promotion, any other forms of advertising and promotion that may be false, misleading, or deceptive are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.