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:

The Tobacco Act prohibits tobacco advertising on domestic TV and radio. The Radio and Television Act refers to the Tobacco Act 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 Tobacco Act prohibits tobacco advertising in “periodicals,” 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 Tobacco Act prohibits tobacco advertising in publications, TV and radio and “other marketing of tobacco products to consumers.” This catch-all provision, “other marketing”, is interpreted as prohibiting all domestic print media, including pamphlets, leaflets, flyers, posters and signs. Although the Tobacco Act states that the law 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 Tobacco Act prohibits tobacco advertising on TV and radio programs subject to 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, or is in another EEA State and uses a satellite uplink in Sweden, or uses satellite capacity appertaining 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 Tobacco Act 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 “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

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:

The Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and "other marketing of tobacco products to consumers." This catch-all provision, "other marketing," is interpreted as prohibiting tobacco advertising and promotion by domestic internet communications. However, in practice, the law is not interpreted as banning international internet communications. Therefore, the regulatory status "Some Restrictions" is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion via internet communications.

Internet tobacco product sales

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

The law does not specifically address tobacco product sales via the internet. However, the Tobacco Act states that the advertising ban does not apply to “marketing that only comprises providing tobacco products for sale.” This is interpreted as allowing tobacco product sales by internet. In practice, tobacco products can be purchased online in Sweden.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines, para. 18, the law should make clear that tobacco product sales via the internet are prohibited as an inherent form of advertising.

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

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

The Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” 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 Tobacco Act exempts from the advertising ban “commercial communications inside the points of sale that are not invasive, seeking or encourage the consumption of tobacco.” The Act specifies that point of sale advertising, to the extent possible, should not be visible from outside the point of sale. However, whether other advertising inside point of sale is “invasive” 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 Tobacco Act 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 FCTC Art. 13 Guidelines, paras. 12 – 13, the law should prohibit all tobacco product display and visibility, as this is a form of advertising.

Vending machines

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

The law does not prohibit or restrict the sale of tobacco products by vending machines. Therefore, this is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to meet FCTC Art. 16, the law should prohibit the sale of tobacco products by vending machine.

Conventional mail

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

The Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” 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 Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” 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 and radio, transmissions, and “other marketing of tobacco products to consumers” other than at point of sale. 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 and radio, transmissions, and “other marketing of tobacco products to consumers” other than at point of sale. 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 Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” This catch-all provision concerning “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 Tobacco Act prohibits sponsorship of an “event or activity.” Competitions associated with a tobacco product are a form of sponsorship of an event or activity. 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 tobacco products 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 Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” This catch-all provision concerning “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:

Section 14a 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. Therefore, the regulatory status “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 Tobacco Act does not address reverse brand stretching. Therefore, the Act 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 Tobacco Act prohibits tobacco advertising in publications, TV and radio, transmissions and “other marketing of tobacco products to consumers.” 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 Tobacco Act 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 restricts 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

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 Tobacco Act prohibits on tobacco product packaging “messages, names, trademarks, and figurative or other signs creating the impression that a particular tobacco product is less harmful than others.” This prohibition, together with the comprehensive ban on advertising, effectively prohibits promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.

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.