LANGUAGE
Last updated: September 22nd 2017

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 all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion by domestic TV and radio is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via any communication broadcast medium.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.

Domestic newspapers and magazines

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

The law prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion”, tobacco advertising and promotion by domestic newspapers and magazines is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via any communication print medium.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all 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 all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion by all domestic print media is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via any communication print medium.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all 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 all advertising and promotion of tobacco products by any means, without explicitly limiting the ban to domestic media. Therefore, the law is interpreted as applying to international media, and advertising and promotion by international TV and radio is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of cross-border tobacco advertising and promotion via any broadcast media communications.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio.

International newspapers and magazines

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

The law prohibits all advertising and promotion of tobacco products by any means, without explicating limiting the ban to domestic media. Therefore, the law is interpreted as applying to international media, and advertising and promotion by international newspapers and magazines is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of cross-border tobacco advertising and promotion via any print media.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all 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 all advertising and promotion of tobacco products by any means without explicitly limiting the ban to domestic media. Therefore, the law is interpreted as applying to both domestic and cross-border media, and advertising and promotion by any internet communications is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via any internet communications, including both domestic and cross-border.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all internet communications.

Internet tobacco product sales

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

A decree prohibits the sale of tobacco and tobacco products via the internet and requires internet service providers, institutions delivering credit cards, and shipping and delivery services to take measures to prevent internet sites from engaging in tobacco and tobacco product sales. These requirements under the decree are interpreted to prohibit all domestic and cross-border individuals and entities from engaging in internet tobacco product sales.

The decree aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all internet tobacco product sales.

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

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

The law prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion by all billboards, posters and any means of outdoor advertising is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via any billboards or posters.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to all outdoor advertising.

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 prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion at the point of sale is prohibited.

Further, two decrees clarify the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion at the point of sale.

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

Point of sale product display

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

The law prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion at the point of sale is prohibited including the display of tobacco products.

Further, two decrees clarify the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion at the point of sale including the display or any visibility inside or outside of a point of sale of tobacco and its derivative products. A text-only price list of available products is permitted at points of sale. Additionally, tobacco and tobacco products cannot be displayed on ferries, planes, airports, ports, bus stations, and railroad stations.

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

Vending machines

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

A decree prohibits the sale of tobacco and tobacco products via vending machines in a place or store.

The decree aligns with FCTC Art. 16, FCTC Art. 13, and the FCTC Art. 13 Guidelines with respect to vending machines.

Conventional mail

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

The law prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion via conventional mail is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via letters and through any promotional actions to encourage the use of tobacco or with the effect of encouraging or inducing consumer loyalty.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

Telephone and cellular phone

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

The law prohibits all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion via telephones and cellular phones is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via cellular phones or any other means of digital communication.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phones.

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 all advertising and promotion of tobacco products by any means. Therefore, given the broad definition of “advertising and promotion,” tobacco advertising and promotion via brand marking is prohibited.

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via brand marking in places of entertaining, retail points of sale and/or on vehicles and materials.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco brand marking in entertainment venues, retail outlets, and on vehicles.

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 to children, but the law is silent regarding free distribution to adults. However, a decree prohibits the free distribution of tobacco products.

The decree meets FCTC Art. 16 and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines 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 the offering of rewards or any article in order to encourage the sale or consumption of tobacco products. Further, a decree prohibits any gifts or awards of prizes at the time of purchasing tobacco products.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts or gifts in conjunction with a tobacco product purchases.

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 all advertising and promotion of tobacco products by any means. The law also prohibits the offering of rewards or any article in order to encourage the sale or consumption of tobacco products. Given the definition of “promotion and advertising,” competitions associated with tobacco products is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . ”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of tobacco advertising and promotion via contests associated with tobacco products or brand names, regardless of whether they involve the purchase of a tobacco product and any promotion of tobacco products by awarding prizes. The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Direct person to person targeting of individuals

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

The law prohibits all advertising and promotion of tobacco products by any means. Given the definition of “promotion and advertising,” direct targeting of individuals with promotional materials is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . .”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of promotion materials or information that directly targets private individuals, particularly via direct e-mail, telemarketing, or consumer research. The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

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 all advertising and promotion of tobacco products by any means. Given the definition of “promotion and advertising,” brand stretching is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . ”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include brand stretching. The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Reverse brand stretching or brand sharing

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

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

Analysis:

The law prohibits all advertising and promotion of tobacco products by any means. Given the definition of “promotion and advertising,” reverse brand stretching or brand sharing is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . .”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include reverse brand stretching. The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Toys that resemble tobacco products

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

The law prohibits all advertising and promotion of tobacco products by any means. Given the definition of “promotion and advertising,” the sale of toys that resemble tobacco products is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . .”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically prohibit the sale or distribution of toys resembling tobacco products.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Candy that resembles tobacco products

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

The law prohibits all advertising and promotion of tobacco products by any means. Given the definition of “promotion and advertising,” the sale of candy that resemble tobacco products is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . .”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically prohibit the sale or distribution of candy resembling tobacco products.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Retailer incentive programs

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

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 prohibits all advertising and promotion of tobacco products by any means. The law also prohibits the offering of rewards or any article in order to encourage the sale or consumption of tobacco products. Accordingly, and given the definition of “promotion and advertising,” retailer incentive programs are prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . .”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of payments or other contributions to retailers to encourage them to sell products through retailer incentive programs.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

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 all advertising and promotion of tobacco products by any means. The law also prohibits the offering of rewards or any article in order to encourage the sale or consumption of tobacco products. Accordingly, and given the definition of “promotion and advertising”, paid placement of tobacco products in film or other media is prohibited under the law, as this practice is a “commercial action having as its purpose, effect or apparent effect the direct or indirect encouragement of the use of tobacco . . . ”

Further, a decree clarifies the broad ban on tobacco advertising and promotion to specifically include a prohibition of payments or other compensation in exchange for the inclusion of or reference to a tobacco product, service or trademark in the context of a communication.

The law and decree align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

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

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

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:

A decree prohibits any reference to tobacco and tobacco products “in the media, films or other methods of communication that do not respect professional ethics.”

The decree aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or products.

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

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

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 operation of sponsorship by the tobacco industry or any other entity that seeks to promote its direct or indirect interests. “Sponsorship” is defined as “any public or private contribution made to a third party in relation to an event, a team or activity the purpose of which is to promote a brand of cigarettes.” A decree prohibits sponsoring events, activities, private individuals, or groups, whether or not it is in exchange for publicity. The decree prohibits sponsorship for tobacco and its derivatives, rather than just brands of cigarettes. Philanthropic activities or youth tobacco prevention programs are specifically prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products.

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

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

All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship.

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, promotion and sponsorship. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.

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.