LANGUAGE
Last updated: December 19th 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 law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited on domestic 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.

Law Source, Section

Domestic newspapers and magazines

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

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited in 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.

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic print media.

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within . . . radio broadcasts, television broadcasts, [and] electronic media . . ." (Art. 31). However, the law does not explicitly address tobacco advertising and promotion via international or cross-border TV and radio. Due to this, 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 via international or cross-border, as well as domestic, TV and radio.

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter . . ." (Art. 31). However, the law does not explicitly address tobacco advertising and promotion via international or cross-border newspapers and magazines. Due to this, 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 via international or cross-border, as well as domestic, newspapers and magazines.

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). "Internet communications" take place through "electronic media" and "computer networks." Therefore, tobacco advertising is prohibited through internet communications.

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

Law Source, Section

Internet tobacco product sales

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

The Tobacco Products Control Act of 2017 prohibits the sale of tobacco products via electronic communications or a computer network. Therefore, internet tobacco product sales are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale of tobacco products via the internet.

Law Source, Section

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

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

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Outdoor advertising - e.g., billboards and posters - falls under the categories of printed matter and advertising signs and is, therefore, prohibited.

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

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31) as wells as "promotion of tobacco consumption" (Art. 35). This effectively covers all types of advertising and promotion at point of sale. The law permits at point of sale only the names and prices of tobacco products for sale (Art. 36).

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Law Source, Section

Point of sale product display

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

The law prohibits the display of tobacco products on retail establishment premises.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

Law Source, Section

Vending machines

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

The law prohibits the sale of tobacco products via vending machine.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco vending machines.

Law Source, Section

Conventional mail

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

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter . . . ." Because tobacco advertising through conventional mail necessarily involves advertising on printed matter, tobacco advertising through conventional mail is banned. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Law Source, Section

Telephone and cellular phone

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

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within . . . electronic media . . . ." Electronic media includes telephone and cellular (mobile) phone and, therefore, tobacco advertising and promotion by telephone and cellular phone is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone.

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits the display of the name or symbol of a tobacco product or tobacco manufacturer on "advertising signs" and on "a provided service" (Art. 31). The law further prohibits an operator of an establishment from aiding any person or organization in promoting, advertising or building up the image of a tobacco product (Art. 35). Taken together, these provisions prohibit brand marking on physical structures.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

Law Source, Section

Free distribution of tobacco products

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

The Tobacco Product Control Act of 2017 prohibits the distribution of free samples of tobacco products.

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

Law Source, Section

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 Products Control Act of 2017 explicitly prohibits the sale of tobacco products by "distributing, adding, giving, or exchanging tobacco products for merchandise, services, or other benefits"; discount sales promotion; or offering "any other benefit for the purchases of tobacco products." In addition, the law broadly prohibits advertising or conveying a "marketing communication" for tobacco products. "Marketing communications" is defined as "any kind of action, [including] . . . promotion of sales . . . where the intent is to sell goods or services or to create an image." Taken together, these provisions prohibit all promotions with a tobacco product purchase. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

Law Source, Section

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 Products Control Act of 2017 prohibits the advertisement of a of the name or symbol of a tobacco product or tobacco product manufacturer in a "competition" or "contest" and in "printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs." Thus, advertisement of competitions associated with tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Law Source, Section

Direct person to person targeting of individuals

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

The Tobacco Products Control Act of 2017 broadly prohibits advertising or conveying a "marketing communication" for tobacco products. "Marketing communications" is defined as "any kind of action, whether via . . . direct marketing, marketing or sales promotion by specific persons . . . where the intent is to sell goods or services or to create an image." Direct person-to-person targeting falls under the categories of direct marketing and sales promotion by specific persons and is, therefore, prohibited.

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

Law Source, Section

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 Tobacco Products Control Act of 2017 prohibits the display of the names or symbols of a tobacco product, tobacco product manufacturer, or importer on a product other than a tobacco product. The advertisement and sale of such products is also prohibited. Therefore, brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

Law Source, Section

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

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

The law prohibits the production, sale, and import of "products having an appearance suggesting that they are modeled after tobacco products." Therefore, toys that resemble tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

Law Source, Section

Candy that resembles tobacco products

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

The law prohibits the production, sale, and import of "products having an appearance suggesting that they are modeled after tobacco products." Therefore, candy that resembles tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

Law Source, Section

Retailer incentive programs

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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 Control Act of 2017 broadly prohibits advertising or conveying a "marketing communication" for tobacco products (Art. 30). "Marketing communications" is defined as "any kind of action, whether via . . . promotion of sales, displays at the point of sale [or] . . . marketing or sales promotion by specific persons . . . where the intent is to sell goods or services or to create an image." This provision could be interpreted to prohibit retailer incentive programs. However, because the interpretation of this provision is not entirely clear, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all forms of tobacco advertising and promotion, including retailer incentive programs, are prohibited.

Law Source, Section

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 contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits the advertisement of a of the name or symbol of a tobacco product or tobacco product manufacturer "or any mark or other thing to cause the public to understand that such name or symbol is the name of a tobacco product or of a tobacco product manufacturer or importer" in "tapes or other video media, motion pictures, radio broadcasts, [and] television broadcasts" and in "an entertainment hall or a motion picture theater, or within a performance, [and/or] entertainment" (Art. 31). Thus, paid placement of tobacco products in TV, film, and other media is prohibited.

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

Law Source, Section

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 media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction in the manner suggested by para. 31 of the FCTC Art. 13 Guidelines.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

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

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 35 of the Tobacco Products Control Act of 2017 prohibits tobacco industry "aid or support" to "any person, group of persons, state agency, or private organization" by an action that builds up the image of a tobacco product, advertises a tobacco product, or promotes tobacco consumption. While this provision prohibits tobacco industry sponsorship that is publicized, it does not prohibit sponsorship that is not publicized. Therefore, the contribution itself is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, regardless of whether it is publicized.

Law Source, Section

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:

Article 35 of the Tobacco Products Control Act of 2017 prohibits tobacco industry "aid or support" to "any person, group of persons, state agency, or private organization" by an action that builds up the image of a tobacco product, advertises a tobacco product, or promotes tobacco consumption. This provision prohibits tobacco industry sponsorship that is publicized. However, Art. 35 goes on to exempt "charitable donations or humanitarian acts during a time of serious public danger" from this prohibition. Thus, tobacco industry sponsorship may be publicized in such circumstances.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship as well as all publicity of tobacco industry sponsorship.

Law Source, Section

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 contains a comprehensive ban on tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited.

With regard to misleading packaging, the Tobacco Products Control Act (TPCA) of 2017 authorizes the Minister of Public Health (MoPH) to issue regulations regarding tobacco product packing and labeling (Art. 38). MoPH Notice No. 15 of 2011, which is in effect until new regulations are issued under the TPCA of 2017, prohibits the use on tobacco products of a wide array of terms and related symbols including: “mild,” “medium,” “light,” “cool,” “ice,” “smooth,” and “natural.” “Statements” include “writing, symbol, or image.”

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