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.
Analysis:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Domestic broadcast media, including TV, radio, cable, and satellite, are not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by domestic broadcast media is prohibited.

In addition, Law 7/2010 prohibits commercial communications for cigarettes and oral tobacco products on any audiovisual communications.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV, radio, and other broadcast media.

Domestic newspapers and magazines

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

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Domestic newspapers and magazines are not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by domestic newspaper and magazines is prohibited. The law does allow advertising in domestic trade publications aimed exclusively at people involved in the tobacco business, a type of advertising not intended to be restricted by the FCTC.

This provision 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.
Analysis:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Domestic print media (such as pamphlets, leaflets, flyers, posters, and signs) is not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by domestic print media is prohibited.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other 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:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Broadcast media, including TV, radio, cable, and satellite, are not among the list of allowable forms of advertising and promotion; therefore, tobacco advertising and promotion by international broadcast media is prohibited.

In addition, Law 7/2010 prohibits commercial communications for cigarettes and oral tobacco products on any audiovisual communications.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international TV, radio, and other broadcast media.

International newspapers and magazines

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:

Law 28/2005 restricts tobacco advertising in international publications. Tobacco advertising is permitted if the publication is edited or printed in countries outside the European Union (EU) and the publication is not aimed primarily at the European market or at minors.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.”

Internet communications

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.

Internet communications (not sales)

Analysis:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Internet communications is not among the list of allowable forms of advertising and promotion; therefore, tobacco advertising and promotion by internet communications is prohibited under Spanish law.

However, tobacco advertising is not prohibited if it is made available by someone that is based in a country not belonging to the European Union or the European Economic Area and if the online communication is not primarily intended for the market of the European Union.

Although the law restricts but does not prohibit all tobacco advertising on the internet, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that "Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory." However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international internet communications, regardless of the country of origin and principal target market.

Internet tobacco product sales

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

Law 28/2005 expressly prohibits distance sales of tobacco products or sales by any method that is not a direct personal sale (other than authorized vending machine sales). Therefore, tobacco product sales via internet are prohibited, as this involves distance sales without direct personal contact.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.

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

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

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Outdoor advertising is not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by outdoor advertising is prohibited.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.

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

Analysis:

The law permits point of sale advertising and promotion in State tobacco and stamp shops. Point of sale promotion may not be aimed at minors, may not be displayed outside or in windows pointed toward the outside of the establishment, and may not entail the free distribution of tobacco products or goods and services related to tobacco products. Goods or services distributed in connection with tobacco products may not be valued at greater than 5% of the promoted tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including point of sale advertising and promotion.

Point of sale product display

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

Promotion of tobacco products is permitted inside point of sale in State tobacco and stamp shops. This provision of the law does not restrict the display of tobacco products are point of sale and therefore it is interpreted to allow tobacco product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including point of sale product display.

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.
Analysis:

Vending machines are permitted at newspaper stands, at certain convenience stores, and inside hotels, inns, bars, restaurants, dance halls and gaming establishments, and must be located where they can be overseen by the owner or workers of the establishment. Vending machines may not be used by minors under the age of 18 and must have a mechanism that can prevent access by minors.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, vending machines should be prohibited as an inherent form of advertising. To meet FCTC Art. 16, vending machines should not be placed where they are accessible to minors.

Conventional mail

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

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Conventional mail is not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by conventional mail is prohibited.

This provision 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.
Analysis:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Telephone and cellular phone is not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by telephone and cellular phone is prohibited.

This provision 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

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.

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:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices, and explicitly prohibits advertising outside of State tobacco and stamp shops. Brand marking falls within the definition of “advertising” and “promotion” and is not on the list of allowable forms of advertising and promotion; therefore it is prohibited. However the law permits promotional activity within tobacco and stamp shops and therefore the law is interpreted as permitting brand marking within the retail outlet, provided that the brand marking is not displayed outward to the street.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including point of sale brand marking.

Free distribution of tobacco products

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

Law 28/2005 prohibits the free distribution of tobacco products.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors).

Promotions with a tobacco product purchase

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.

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 permits point of sale advertising and promotion in State tobacco and stamp shops. Point of sale promotion may not entail the free distribution of tobacco products or goods and services related to tobacco products. Goods or services distributed or sold in connection with tobacco product purchases may not be valued at greater than 5% of the promoted tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including promotional discounts, gifts, prizes, and rewards in conjunction with a tobacco 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 tobacco sponsorship. The definition of sponsorship is broad and encompasses any contribution whereby the “direct or indirect effect is the promotion of a tobacco product or tobacco use.” Competitions associated with tobacco products fall within the definition of sponsorship and are therefore prohibited.

In addition, the law explicitly prohibits promotion of tobacco products outside State tobacco and stamp shops. This provision as well would 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:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Direct targeting of individuals with promotional materials is not among the list of allowable forms of advertising and promotion; therefore tobacco advertising and promotion by direct targeting is prohibited.

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

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:

Law 28/2005 prohibits the use of names, brands, symbols, or other marks associated with tobacco products on non-tobacco products or services. In addition, although tobacco promotion is permitted at point of sale, the distribution of items bearing tobacco brand logos or other symbols is explicitly prohibited at point of sale.

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:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Reverse brand stretching is not among the list of allowable forms of advertising and promotion and falls within the definition of “advertising and promotion” ; 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:

Law 28/2005 prohibits the sale of sweets, snacks, toys, and any other objects resembling tobacco products.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Candy that resembles tobacco products

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

Law 28/2005 prohibits the sale of sweets, snacks, toys, and any other objects resembling tobacco products.

This provision aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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:

Law 28/2005 prohibits tobacco advertising and promotion, except for limited enumerated advertising and promotional practices. Retailer incentive programs are not among the list of allowable forms of promotion and fall within the definition of “promotion” (“any incentive to the demand for tobacco products . . . seeking to attract attention and pique the interest of consumers” ). Therefore, retailer incentive programs are prohibited.

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:

Law 28/2005 prohibits any broadcast on any media that shows a person smoking or a tobacco product, brand name, logo, or other symbol identified with a tobacco product. Thus, paid placement is prohibited.

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

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:

Law 28/2005 prohibits any broadcast on any media that shows a person smoking or a tobacco product, brand name, logo, or other symbol identified with a tobacco product. Thus, unpaid placement is prohibited.

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

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 sponsorship in all forms. “Sponsorship” is defined as “any form of public or private contribution to an event, an activity or an individual having the direct or indirect purpose or effect of promoting a tobacco product or the use of tobacco.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products.

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.

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 the use on product packaging of terms, symbols, names, trademarks, figurative signs, and other images or marks that create the impression that a tobacco product is less harmful than another. In addition, the General Law on Advertising prohibits all misleading advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 11 with respect to promotion by means that are false, misleading, or deceptive.

Law Source, Section
Royal Decree 579/2017
Art. 19