LANGUAGE
Last updated: January 10th 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 Tobacco Products Act prohibits tobacco advertising on TV and any “live or recorded performance of music . . . which is intended for the general public.” The Tobacco Products Regulations contain additional examples of specific types of advertising and promotion that are prohibited, including television 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:

Section 26(i) of the Tobacco Products Act prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. The Tobacco Products Regulations contain additional examples of specific types of advertising and promotion that are prohibited, including ‘print media (newspapers and magazines)’.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic print media. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

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

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. Advertising via print media is not specifically prohibited; therefore it is allowed. Though the Tobacco Products Regulations establish that tobacco advertising via print media is not allowed, the regulations list only “newspapers and magazines” in parentheses, suggesting that the ban does not include other domestic print media. However, the TPA provides that permitted advertising display one of the ten health messages set out in the Second Schedule of the TPA. In addition, Sec. 26(j) of the TPA places some restrictions on the content of the advertisement, including prohibiting messages that suggest athletic, professional, sexual or general success, or that most people are smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including in all print media. To clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

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:

Under Sec. 26(e) of the Tobacco Products Act, it is prohibited to “promote any tobacco product by means of publication or any other communication that originate outside Tanzania”. The Tobacco Products Regulations contain additional examples of specific types of advertising and promotion that are prohibited, including ‘television’ and ‘radio.’ Taken together, these provisions are interpreted as prohibiting tobacco advertising and promotion on international TV and radio that originates outside Tanzania.

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

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

Under Sec. 26(e) of the Tobacco Products Act, it is prohibited to “promote any tobacco product by means of publication or any other communication that originate outside Tanzania”. In addition, the Tobacco Products Regulations contain additional examples of specific types of advertising and promotion that are prohibited, including ‘print media (newspapers and magazines)’. Taken together, these provisions are interpreted as prohibiting tobacco advertising and promotion in international newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

Internet communications

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

Internet communications (not sales)

Analysis:

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. The Tobacco Products Regulations contain additional examples of specific types of advertising and promotion that are prohibited, including the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on the internet. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Internet tobacco product sales

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

The Tobacco Products Act prohibits “caus[ing] a tobacco product to be sent by mail unless the mailing is between manufacturers or retailers or distributors”. This provision is interpreted as prohibiting internet tobacco product sales, which generally are delivered by mail. This prohibition applies to both domestic and internationally based internet tobacco product sales.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic and internationally-based internet tobacco product sales.

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

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:

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. Outdoor advertising is not specifically prohibited; therefore it is allowed. The Tobacco Products Regulations (TPR) include billboards and wall murals in its examples of prohibited advertisement and promotion, but the TPR does not ban all outdoor advertising.

The TPA provides that permitted advertising display one of the ten health messages set out in the Second Schedule of the TPA. In addition, Sec. 26(j) of the TPA places some restrictions on the content of the advertisement, including prohibiting messages that suggest athletic, professional, sexual or general success, or that most people are smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including all outdoor advertising. In addition, to clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

Point of sale advertising/promotion

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

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

Analysis:

The Tobacco Products Regulations specifically allow “placement of point of sale material; . . . consumer information at point of sale; product merchandising and product display at point of sale. . . .”

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. However, the TPA provides that the permitted advertising display one of the ten health messages set out in the Second Schedule of the TPA. In addition, Sec. 26(j) of the TPA places some restrictions on the content of the advertisement, including prohibiting messages that suggest athletic, professional, sexual or general success, or that most people are smokers.

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

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

Point of sale product display

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

The Tobacco Products Act and the Tobacco Products Regulations specifically allow point of sale 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 tobacco product display and other point of sale advertising.

Vending machines

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

The Tobacco Products Act prohibits vending machines. The law aligns with FCTC Art. 16, FCTC Art. 13, and the FCTC Art. 13 Guidelines in this respect.

Conventional mail

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

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. Advertising by mail is not specifically prohibited, nor is advertising by print media, which would be the standard conventional mail format. Therefore, tobacco advertising by conventional mail is allowed. However, the TPA provides that permitted advertising display one of the ten health messages set out in the Second Schedule of the TPA. In addition, Sec. 26(j) of the TPA places some restrictions on the content of the advertisement, including prohibiting messages that suggest athletic, professional, sexual or general success, or that most people are smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by conventional mail. To clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

Telephone and cellular phone

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

Section 26(i) of the Tobacco Products Act (TPA) prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. Advertising by telephone is not specifically prohibited. Therefore, the law is interpreted as allowing tobacco advertising by land Sec. telephone and mobile phone. However, the TPA provides that permitted advertising display one of the ten health messages set out in the Second Schedule of the TPA. In addition, Section 26(j) of the TPA places some restrictions on the content of the advertisement, including prohibiting messages that suggest athletic, professional, sexual or general success, or that most people are smokers.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by land line telephone or mobile phone. In addition, to clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

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:

The Tobacco Products Act prohibits the promotion of a tobacco product “if any of its brand element is displayed on a non-tobacco product or is used with a service, if the non-tobacco product or service is associated with persons below the age of eighteen or can, on reasonable grounds be capable of appealing to persons under the age of eighteen.” In addition, the Tobacco Products Regulations prohibit tobacco advertising and promotion through wall murals, motifs, statues, and loud speakers mounted on vehicles, or any similar medium. However, these examples do not include all potential types of brand marking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand marking, not just wall murals, motifs, statutes, and loud speakers mounted on vehicles, or any similar medium..

Free distribution of tobacco products

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 Tobacco Products Act (TPA) and the Tobacco Products Regulations restrict the distribution of free samples of tobacco products to adults only.

The law meets FCTC Art. 16 with respect to free distribution of tobacco products to minors. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all free distribution of tobacco product, including to those over the age of 18.

Promotions with a tobacco product purchase

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

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 does not prohibit promotions with a tobacco product purchase. Therefore, the law is interpreted as allowing these practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotions with a tobacco product purchase.

Competitions associated with tobacco products

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.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The Tobacco Products Act does not specifically address competitions associated with tobacco products. However, such competitions are a form of sponsorship and the law prohibits “sponsorship that is associated in any manner with the promotion of a tobacco product, a brand of tobacco product or a manufacture of tobacco products . . . in relation to persons below the age of eighteen.” This could be interpreted as restricting competitions associated with tobacco products to adults only. In addition, such competitions could not be advertised on TV or radio or other prohibited media, in accordance with Sec. 26 of the Act.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products or brand names, not just in relation to persons below the age of 18.

Direct person to person targeting of individuals

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

Section 26(i) of the Tobacco Products Act prohibits tobacco advertising and promotion via certain enumerated forms of broadcast and electronic media. Direct person to person targeting of individuals is not specifically prohibited. Therefore, the law is interpreted as allowing tobacco advertising by direct person to person targeting.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by direct person to person targeting. To clarify the scope of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Law Source, Section
Secs. 17(3); 26(i), (j); Second Schedule

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 Tobacco Products Act prohibits the promotion of a tobacco product “if any of its brand element is displayed on a non-tobacco product or is used with a service, if the non-tobacco product or service is associated with persons below the age of eighteen or can, on reasonable grounds be capable of appealing to persons under the age of eighteen.” Therefore, brand stretching is restricted to products or services not associated with, or that appeal to, persons below the age of 18.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching, not just branding stretching that is associated with or appeals to persons below the age of 18.

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 Products Act does not address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brands stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brands stretching.

Toys that resemble tobacco products

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

The Tobacco Products Act does not address the manufacture or sale of toys that resemble tobacco products; therefore the law is interpreted as allowing the manufacture and sale of toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale 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 Tobacco Products Act does not address the manufacture or sale of candy that resembles tobacco products; therefore the law is interpreted as allowing the manufacture and sale of candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of candy that resembles 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 Tobacco Products Act 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 Products Act prohibits making “direct or indirect payment or contribution intended for placement of advertisement of items bearing tobacco brand name or tobacco brand element within the body of any - i) motion picture, ii) television programme, iii) theatrical production or other live performance, iv) live or recorded performance of music, v) commercial film or video, vi) video game; or vii) other similar medium – which is intended for the general public.” This is interpreted as prohibiting paid placement of tobacco products in TV, film or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film or 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. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use and tobacco products.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines, the law should prohibit all unpaid depiction of tobacco use or tobacco products 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 any direct or indirect sponsorship in relation to persons below the age of eighteen that is associated in any manner with the promotion of a tobacco product, a brand of tobacco product, or a manufacturer of a tobacco product. Sponsorship is not defined, so the full scope of the prohibition is unclear; however, the law explicitly allows donations made with no promotional interest to any institution or organization. Additionally, sponsorship in relation to adults is allowed. The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit all contributions to any activity, individual, organization, or government that has 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 any direct or indirect sponsorship in relation to persons below the age of eighteen that is associated in any manner with the promotion of a tobacco product, a brand of tobacco product, or a manufacturer of a tobacco product. Sponsorship is not defined, so the full scope of the prohibition is unclear. Publicity of sponsorship is further restricted by general advertising restrictions, because publicity of sponsorship qualifies as advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of 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 Products Act prohibits “promot[ing] a tobacco product by any means including packaging that is likely to create an erroneous impression about the characteristics, or health hazards of the tobacco product or its emissions.” This is interpreted as prohibiting promotion by all means that are false, misleading or deceptive. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.