LANGUAGE
Last updated: December 13th 2018

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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including all television and land and satellite transmissions and all audio, visual, and audiovisual means.

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

Domestic newspapers and magazines

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

The law bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including newspapers, magazines, pamphlets, folders, flyers, letters, billboards, posters, marker boards, or any other printed publications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 provides bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including newspapers, magazines, pamphlets, folders, flyers, letters, billboards, posters, marker boards, or any other printed publications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to other 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including all television and land and satellite transmissions and all audio, visual, and audiovisual means. However, because the law does not specifically state that the ban includes cross-border transmission, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit tobacco advertising and promotion via international 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including newspapers, magazines, pamphlets, folders, flyers, letters, billboards, posters, marker boards, or any other printed publications. However, because the law does not specifically state that the ban includes cross-border newspapers and magazines, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit tobacco advertising and promotion via 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including internet or any other digital medium.

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

Internet tobacco product sales

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 bans all forms of tobacco advertisements, specifically including internet advertising. Although there is no explicit ban on internet sales or sales by mail or other remote means, the law uses the FCTC definition of “tobacco advertising and promotion”, and it also bans point of sale displays of tobacco products and tobacco elements, as well as any other form of direct or indirect tobacco advertising, promotion or sponsoring. This could be interpreted as including tobacco product internet sales, in accordance with the FCTC Art. 13 Guidelines, which provide that internet tobacco product sales inherently involve tobacco advertising and promotion. However, because this is not specified in the law, the regulatory status “Uncertain” is given.

To clearly align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including billboards and posters.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including display of tobacco and or tobacco products or tobacco elements at all tobacco selling points.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including display of tobacco and or tobacco products or tobacco elements at all tobacco selling points.

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

Vending machines

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

The law bans the use of vending machine sales of tobacco and/or tobacco products, in alignment with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16.

Conventional mail

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

The law bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including promotion as direct mail, telemarketing, and surveys for customers or research.

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

Telephone and cellular phone

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

The law bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including all digital communication platforms, including computers and mobile phones.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to telephone and cellular phones.

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 forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)), specifically including use of brand elements on vehicles and equipment. In addition, the law bans any other form of direct or indirect tobacco advertising, promotion or sponsorship, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Free distribution of tobacco products

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

The law specifically bans distribution of tobacco and/or tobacco products to others for further distribution for a reduced price or for free, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines. In addition, the law meets FCTC Art. 16 with regard to distribution to minors.

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 bans the provision of any product, discount, or other kinds of rewards in conjunction with a tobacco and/or tobacco product procurement, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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:

Although competitions are not specifically banned, the law provides that all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)) are banned. This is interpreted as including competitions associated with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard 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 bans all forms of tobacco advertisements (defined in accordance with FCTC Art. 1(c)). In addition, the law specifically bans many forms of direct communication, including through computers and mobile phones, internet, and as informative material, as direct mail, telemarketing, and surveys for customers or research.

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

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 bans brand stretching, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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 bans reverse brand stretching, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

Toys that resemble tobacco products

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

The law specifically bans the sale of products that are similar to, or meant to be similar to, tobacco and /or tobacco products. This is interpreted as prohibiting 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 bans the sale of products that are similar to, or meant to be similar to, tobacco and /or tobacco products. This is interpreted as prohibiting 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:

Although retailer incentive programs are not specifically addressed, the law provides that all forms of tobacco advertising and promotion (defined in accordance with FCTC Art. 1(c)) are banned. This is interpreted as including retailer incentive programs, in accordance with the FCTC Art. 13 Guidelines, which specify these programs as forms of 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.
Analysis:

The law specifically bans paid tobacco product placement, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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 specifically bans paid product placement, but not unpaid depiction. It prohibits the use of a tobacco trade mark, logo, brand name, or other tobacco element with the aim of tobacco advertising, but not with the effect or likely effect of tobacco advertising. In addition, the law does not prohibit the depiction of tobacco use or a tobacco product that does not involve the display of a tobacco brand element.

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

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:

Article 5(1) bans all forms of tobacco sponsorship (defined in accordance with FCTC Art. 1(g)). In addition, Art. 8 specifically bans contributions to “any individual or organization, or a campaign, service, activity, action, program, project or any other happening in the name of tobacco and/or a specific tobacco product.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to tobacco industry sponsorship.

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:

Article 8 specifically bans contributions, financial or otherwise, “in the name of tobacco and/or a specific tobacco product.” In addition, Art. 5(1) bans all forms of tobacco advertising and sponsorship.

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

Although the law does not specifically prohibit misleading or deceptive tobacco advertising or promotion, the complete ban on tobacco advertising and promotion in Art. 5(1) would include a prohibition on any false, misleading, or deceptive promotion, including that which might occur as a result of any unpaid placement for legitimate purposes or of any other incidental tobacco advertising, in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.