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 law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” but there are a number of exceptions, none of which addresses domestic TV and radio. This is interpreted to prohibit tobacco advertising and promotion on domestic TV and radio.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Domestic newspapers and magazines

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

The law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” but there are a number of exceptions. These include an exception for advertising in newspapers and other print media “intended exclusively for professionals in the tobacco trade” and an exception for promotion in specialized publications “exclusively addressed to professionals in the tobacco trade … [and] remove[d] from activities involving sales to the public.” While the law exempts print media for professionals in the tobacco trade, FCTC Art. 13 Guidelines paras. 32-34 provide for such an exemption. Thus, the regulatory status is “Banned.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

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 generally prohibits “[a]ll forms of advertising and promotion of tobacco,” but there are a number of exceptions. An exception is provided for advertising posted inside tobacco manufacturer and wholesale establishments so long as it is not visible from outside the premises, and print media “intended exclusively for professionals in the tobacco trade” or “exclusively addressed to professionals in the tobacco trade … [while] remove[d] from activities involving sales to the public.” While the law exempts print media for professionals in the tobacco trade, FCTC Art. 13 Guidelines paras. 32-34 provide for such an exemption. Thus, the regulatory status is “Banned.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 generally prohibits “[a]ll forms of advertising and promotion of tobacco,” but there are a number of exceptions, none of which applies to TV and radio. Because the law does not explicitly apply the ban to international TV and radio, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit 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 generally prohibits “[a]ll forms of advertising and promotion of tobacco,” but there are a number of exceptions. These include an exception for advertising in newspapers and other print media “intended exclusively for professionals in the tobacco trade” and an exception for promotion in specialized publications “exclusively addressed to professionals in the tobacco trade … [and] remove[d] from activities involving sales to the public.” While the law exempts print media for professionals in the tobacco trade, FCTC Art. 13 Guidelines paras. 32-34 provide for such an exemption. However, because the law does not explicitly prohibit tobacco advertising and promotion via international newspapers and magazines (or print media), the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international newspapers and magazines (or print media).

Law Source, Section

Internet communications

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

Internet communications (not sales)

Analysis:

The law generally prohibits all forms of advertising and promotion of tobacco products, including through “information society services,” which are defined as “any service provided remotely, electronically, through an individual request by a service recipient and in exchange for payment of a price.” Although the law contains several exceptions, none is interpreted as applying to internet communications. Therefore, all tobacco advertising and promotion through internet communications is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Internet tobacco product sales

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

The law prohibits the sale of tobacco products through “tele-sales” and “other remote methods whereby it is not possible to ascertain the age of the purchaser, such as the Internet and postal service.” Additionally, the law generally prohibits all forms of advertising and promotion of tobacco products, including through “information society services,” which are defined as “any service provided remotely, electronically, through an individual request by a service recipient and in exchange for payment of a price.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting internet tobacco products sales.

Law Source, Section

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

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

The law generally prohibits “[a]ll forms of advertising and promotion of tobacco.” Although the law contains several exceptions, none is interpreted as applying to outdoor advertising. Therefore, tobacco advertising and promotion via outdoor advertising is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

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:

While the law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” there are a number of exceptions. The law permits a price table listing only the names and prices of products available for sale, subject to other requirements. In addition, the law permits catalogues containing names and prices of products available for sale only in establishments for the exclusive sale of tobacco products. Because the only permissible communication is a price list and the promotional elements of that price list are limited , the law is interpreted as prohibiting any other point of sale advertising and promotion. Thus, the regulatory status is “Banned.”

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

Point of sale product display

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 the sale of tobacco products through “mechanisms that make them directly accessible for purchase, such as … displays.” However, the law does not prohibit the visibility of products. Thus, the regulatory status is “Some Restrictions.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including point of sale product display. To clarify the scope of the prohibition and aid enforcement, the law should also define “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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 through “mechanisms that make them directly accessible for purchase, such as automatic vending machines.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16, with respect to prohibiting vending machine tobacco product sales.

Conventional mail

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

The law generally prohibits “[a]ll forms of advertising and promotion of tobacco.” Although the law contains several exceptions, none is interpreted as applying to conventional mail. This is interpreted to prohibit tobacco advertising and promotion via conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Telephone and cellular phone

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

The law generally prohibits all forms of advertising and promotion of tobacco products. Although the law does not specifically mention telephone or cellular phone, it is likely that advertising via telephone or cellular phone would be prohibited given the definition of “advertising for tobacco” as including “any kind of communication … for the direct or indirect purpose of promoting a tobacco product or its consumption.” Although the law contains several exceptions, none is interpreted as applying to telephone or cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular 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 the display of “names, brands, emblems or other distinctive signs of a tobacco product on goods and services that are not themselves tobacco products.” This is interpreted to prohibit brand marking.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Free distribution of tobacco products

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

The law prohibits the free distribution of tobacco products. (Note, the law also identifies para. 9 of Art. 19 as an exception to the general prohibition of tobacco advertising and promotion. However, the strict wording of para. 9 clearly states that free distribution is prohibited, and its inclusion as an “exception” is likely a drafting error.)

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to free distribution. For greater clarity, the law should indicate that the prohibition contained in para. 9 is not an “exception” to the general advertising ban.

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 the “promotional sale of tobacco products or any goods for consumption that seek to promote, or have the direct or indirect effect of promoting such products, such as the distribution or promotional gifts, the awarding of prizes or holding contests, even if they are exclusively intended for smokers, by companies directly or indirectly involved in the manufacture, distribution or sale of tobacco products.” (Note, the law also identifies para. 9 of Art. 19 as an exception to the general prohibition of tobacco advertising and promotion. However, the strict wording of para. 9 clearly states that promotional sale is prohibited, and its inclusion as an “exception” is likely a drafting error.)

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase. For greater clarity, the law should indicate that the prohibition contained in para. 9 is not an “exception” to the general advertising ban.

Competitions associated with tobacco products

Not Applicable

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

Analysis:

The law prohibits the “promotional sale of tobacco products or any goods for consumption that seek to promote, or have the direct or indirect effect of promoting such products, such as the distribution or promotional gifts, the awarding of prizes or holding contests, even if they are exclusively intended for smokers, by companies directly or indirectly involved in the manufacture, distribution or sale of tobacco products.” (Note, the law also identifies para. 9 of Art. 19 as an exception to the general prohibition of tobacco advertising and promotion. However, the strict wording of para. 9 clearly states that competitions and contests are prohibited, and the inclusion of para. 9 as an “exception” is likely a drafting error.)

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. For greater clarity, the law should indicate that the prohibition contained in para. 9 is not an “exception” to the general advertising ban.

Direct person to person targeting of individuals

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

The law generally prohibits “[a]ll forms of advertising and promotion of tobacco.” Although the law contains several exceptions, none is interpreted as applying to direct person-to-person advertising. This is interpreted to prohibit tobacco advertising and promotion through direct person to person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

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 prohibits the display of “names, brands, emblems or other distinctive signs of a tobacco product on goods and services that are not themselves tobacco products.” This is interpreted to prohibit brand stretching/trademark diversification.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

Reverse brand stretching or brand sharing

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.

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

Analysis:

While the law clearly prohibits brand stretching and generally prohibits “[a]ll forms of advertising and promotion of tobacco,” it does not comprehensively address reverse brand stretching. It only prohibits the manufacture and sale of “games, toys, electronic games, foods or treats having the shape of tobacco products, or with the distinctive signs of tobacco brands.” Thus, the regulatory status is “Some Restrictions.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching.

Toys that resemble tobacco products

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

The law prohibits the manufacture and sale of “games, toys, electronic games, foods or treats having the shape of tobacco products, or with the distinctive signs of tobacco brands.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting 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 prohibits the manufacture and sale of “games, toys, electronic games, foods or treats having the shape of tobacco products, or with the distinctive signs of tobacco brands.”

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

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 law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” subject to several exceptions. However, given the definition of “advertising for tobacco”, it is unclear whether retailer incentive programs are prohibited or permitted under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including retailer incentive programs. To clarify the scope of the prohibition and aid enforcement, the law should also define “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Paid placement of tobacco products in TV, film or other media

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

While the law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” it does not specifically address paid placement of tobacco products in TV, film, or other media. The law’s definition of “advertising for tobacco” is also limited to communications with the aim of promoting tobacco rather than including recommendations and actions, too. Thus, it is unclear whether paid placement of tobacco products in TV, film, or other media is prohibited or permitted under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including paid placement of tobacco products in TV, film, or other media. To clarify the scope of the prohibition and aid enforcement, the law should also define “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

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

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:

While the law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” it does not specifically address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. The law’s definition of “advertising for tobacco” is also limited to communications with the aim of promoting tobacco rather than including recommendations and actions, too, nor does it include those with the effect or likely effect of promotion (which is especially relevant for the purpose of unpaid depiction). Thus, it is unclear whether unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose is prohibited or permitted under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. To clarify the scope of the prohibition and aid enforcement, the law should also define “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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 “[a]ny kind of sponsorship or public or private contribution …, notably on the part of companies engaging in the manufacture, distribution or sale of tobacco products, intended for an event, an activity, an individual, an audiovisual work, a radio or television program, that has the effect or likely effect of directly or indirectly promoting a tobacco product or tobacco consumption.” The law also prohibits “[i]nformation campaigns or other promotional initiatives instigated or sponsored by companies that produce or distribute tobacco products, or … their subsidiaries or affiliates, that directly or indirectly involve information about tobacco and the prevention of tobacco addiction.” Sponsorship is not defined, and the sponsorship prohibition does not cover organizations or governments. Thus, the regulatory status is “Some Restrictions.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship of events, activities, individuals, organizations, and governments.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

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

While the law generally prohibits “[a]ll forms of advertising and promotion of tobacco,” including some corporate social responsibility programs, some forms of tobacco industry sponsorship are still permitted. Additionally, the law does not specifically address publicity of financial or other sponsorship or support by the tobacco industry. While the law generally prohibits all tobacco advertising and promotion, the law’s definition of “advertising for tobacco” is also limited to communications with the aim of promoting tobacco rather than including recommendations and actions, too, nor does it include those with the effect or likely effect of promotion. Thus, it is unclear whether publicity of financial or other sponsorship or support by the tobacco industry is prohibited or permitted under the law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco advertising and promotion, including publicity of financial or other sponsorship or support by the tobacco industry. To clarify the scope of the prohibition and aid enforcement, the law should also define “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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:

While the law generally prohibits “[a]ll forms of advertising and promotion of tobacco” and specifically prohibits on packages messages with “[t]exts, colors or figures, designations, figurative marks, symbols or other signs … that suggest that a particular product is less harmful than others, including trademarks such as ‘light, ultralight, mild, less tar, elegant’ or the respective translations,” it does not specifically address other misleading promotions. The law’s definition of “advertising for tobacco” is also limited to communications with the aim of promoting tobacco rather than including recommendations and actions, too. Thus, the regulatory status is “Some Restrictions.”

To fully 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 about the characteristics, health effects, hazards, or emissions of a tobacco product.