LANGUAGE
Last updated: November 12th 2021

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 tobacco advertising on domestic TV and radio. The Radio and Television Act refers to the Act on Tobacco and Similar Products as governing tobacco advertising on TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits tobacco advertising in “periodical publications,” which includes domestic newspapers and magazines.

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

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing”, is interpreted as prohibiting all domestic print media, including pamphlets, leaflets, flyers, posters and signs. Although the law states that it does not apply to printed material to which the Freedom of the Press Act applies, the Freedom of the Press Act specifically states that it does not apply to commercial advertising for tobacco products.

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)

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

The law prohibits tobacco advertising on TV and radio programs and television broadcasts by satellite covered by the Radio and Television Act. The Radio and Television Act applies to all radio and television broadcasts in Sweden if the service provider is in Sweden, is in another EEA State and uses a satellite uplink in Sweden, uses satellite capacity belonging to Sweden, or is established in Sweden according to the Treaty on the Functioning of the European Union. This broad jurisdiction effectively covers all broadcasts into Sweden originating outside Sweden. Therefore, tobacco advertising and promotion on international TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on 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 prohibits tobacco advertising in newspapers and magazines. However, the law does not specifically address whether the ban includes international newspapers and magazines, therefore the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion is prohibited 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 prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, "other marketing," is interpreted as prohibiting tobacco advertising and promotion by internet communications.

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

Internet tobacco product sales

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:

Internet sales of tobacco products are allowed. However, the law requires that age must be verified for remote sales of tobacco products, including internet sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of tobacco advertising and promotion.

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

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

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting tobacco advertising and promotion by outdoor advertising such as billboards and posters.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco 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 exempts from the advertising ban “commercial messages within points of sale that are not coercive, solicitous, or encourage the use of tobacco.” The Act specifies that point of sale advertising, to the greatest extent possible, must be positioned so that it is not visible from outside the point of sale. However, whether other advertising inside point of sale is “coercive” is up to the discretion of the enforcement official.

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

Point of sale product display

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

The law does not explicitly address tobacco product display at point of sale. Therefore, product display is allowed and tobacco products may be directly accessible on store shelves to customers.

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

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:

The law restricts vending machine sales of tobacco products; age must be verified for vending machine sales.

The law aligns with FCTC Art. 16 in that it prohibits vending machine sales to minors. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Conventional mail

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

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting tobacco advertising by conventional mail.

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

Telephone and cellular phone

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

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting tobacco advertising by telephone and mobile phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by telephone and mobile 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 tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting brand marking on retail outlets, vehicle, equipment, etc.

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.
Analysis:

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting the free distribution of tobacco products.

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

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 prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, and rewards.

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 sponsorship of an “event or activity accessible by the general public.” Competitions associated with a tobacco product are a form of sponsorship of an event or activity accessible by the general public. Therefore, the law is interpreted as prohibiting competitions associated with tobacco products. In addition, competitions associated with tobacco products may also be prohibited under the general ban on marketing to consumers.

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:

The law prohibits tobacco advertising in publications, TV, radio, and other marketing. This catch-all provision, “other marketing,” is interpreted as prohibiting direct person-to-person targeting of individuals.

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

Brand stretching/trademark diversification

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.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law prohibits the use of a tobacco trademark or brand indicia on a non-tobacco good or service (brand stretching) only if the good or service is marketed in a publication, radio, TV, or other transmission. If a business uses a tobacco trademark in another manner, the “trader must observe the restraint required by the fact that the trademark can also be associated with the tobacco product.” It is unclear how “restraint” is enforced. Therefore, the regulatory status code “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of brand stretching, regardless of how the non-tobacco product or service is marketed.

Reverse brand stretching or brand sharing

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

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

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

The law does not address toys and candy that that resemble tobacco products. Therefore, the law is interpreted as permitting the sale and manufacture of toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale and manufacture of toys that resemble tobacco products.

Candy that resembles tobacco products

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

The law does not address toys and candy that that resemble tobacco products. Therefore, the law is interpreted as permitting the sale and manufacture of candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale and manufacture of candy that resemble tobacco products.

Retailer incentive programs

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

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 does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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 tobacco advertising in publications, TV, radio, transmissions, and other marketing. This catch-all provision concerning “other marketing” is interpreted as prohibiting paid placement of tobacco products in TV, film, or other media. In addition, the Radio and Television Act also prohibits paid placement of tobacco products on TV.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film and other media.

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.

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 does not address unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary. Therefore, the law is interpreted as allowing unpaid depiction of tobacco products in TV, film, or other entertainment media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco products in TV, film and other media 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.

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 manufacturers, wholesalers, and importers of tobacco products from sponsoring any event or activity accessible by the public or which may be considered to have a boundary-crossing effect only if the sponsorship can be considered to promote the sale of tobacco products. The law also prohibits sponsoring radio and television programs. The law does not restrict sponsorship of individuals, organizations, governments, or private events. Sponsorship is not defined, so the full scope of the law is unclear.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to any activities, individuals, organizations, or governments 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

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:

The law prohibits manufacturers, wholesalers, and importers of tobacco products from sponsoring any event or activity accessible by the public or which may be considered to have a boundary-crossing effect only if the sponsorship can be considered to promote the sale of tobacco products. Publicity of such events is also prohibited. The law does not expressly prohibit publicity of other tobacco sponsorship, although general advertising provisions may restrict such publicity.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

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.

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 tobacco product packaging and labeling that suggests that a given tobacco product is less harmful than another tobacco products. Although the law prohibits many forms of tobacco advertising and promotion, there are several means that are restricted (e.g., point-of-sale advertising, brand stretching). Among these forms, the law does not appear to prohibit promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.