LANGUAGE
Last updated: January 14th 2020

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.
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Analysis:

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

This expansive ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in domestic TV, radio, and other broadcast media, including cable and satellite.

Domestic newspapers and magazines

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

This expansive ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in domestic newspapers and magazines.

In practice, there is no advertisement or promotion in domestic newspapers and magazines.

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

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

This expansive ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in all domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, although these may not be intuitive forms of media.

In practice, there are no official billboards, but some flyers may be distributed.

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.
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Analysis:

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

However, it is unclear whether the ban applies to cross-border TV, radio, and other broadcast media. Therefore, the regulatory status code “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international broadcast media, the law should explicitly apply the ban to domestic and cross-border tobacco advertising and promotion.

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.
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Analysis:

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

However, the law is silent as to whether the ban applies to cross-border print media. Therefore, the regulatory status code “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international newspapers and magazines, the law should explicitly apply the ban to domestic and cross-border tobacco advertising and promotion.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Internet communications (not sales)

Analysis:

Article 3(1) of the law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, Art. 3(5) of the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be. These provisions could be interpreted as prohibiting tobacco advertising via internet communications.

In practice, tobacco companies collect email addresses from people, and may send them advertisements in this way.

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

Internet tobacco product sales

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

The law prohibits the sale of tobacco products through electronic shopping media, like the internet, except by authorized dealers. (The exception for authorized dealers is interpreted as applying to wholesalers, not retailers, and therefore the exception does not affect the ban on internet retail sales.) In addition, the law also prohibits shipping tobacco products by cargo with the aim of selling the products.

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

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

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be. Therefore, outdoor advertising is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in outdoor advertising. However, to clarify the scope of the ban on tobacco advertising and promotion and aid in enforce, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Point of sale advertising/promotion (other than product displays)

Analysis:

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be.

This expansive ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion at point of sale.

In practice, tobacco companies get around the law by building elaborate cases with their brand colors to display hundreds of packs at a time.

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.
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Analysis:

The display of tobacco products is highly regulated by the Regulation on Procedures and Principles of Sales and Presentations of Tobacco Products and Alcoholic Beverages. The law prohibits tobacco product displays if they can be seen outside the place of sale or if persons under the age of 19 can have direct access to them. Tobacco products must be sold separately from other products. Where that is not possible, the retailer must store tobacco products in nontransparent cabinets.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display and visibility.

Vending machines

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

The law specifically prohibits the sale of tobacco products via automatic vending machines.

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

Conventional mail

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be. The law also prohibits shipping tobacco products by cargo with the aim of selling the products.

This expansive ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising through conventional mail.

In practice, such mailings are extremely rare or do not occur at all.

Telephone and cellular phone

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. Additionally, the law prohibits all forms of announcements or advertisements of tobacco products in the media using the product name, logo, or trademark, no matter what the purpose may be. The law prohibits sales of tobacco products through electronic shopping media, such as telephone, internet, and television, except by authorized dealers. (The authorized dealer exception applies to wholesalers only, not retailers.) Therefore, the regulatory status “Banned” is assigned.

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

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.
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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 specifically states that vehicles that belong to tobacco companies may not bear any kind of sign that remind people of the brand. For other vehicles and other types of physical structures, the prohibition on any form of advertising or promotion of tobacco products that uses the name, logo, or trademark of the product or producer applies. However, only the names, logos, and trademarks of tobacco products and companies are listed as prohibited forms of advertising. It is possible that other forms of branding, such as words, designs, images, and colors may escape the current restrictions. As a result, the regulatory status code “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand marking, including the use of words, designs, images, sounds and colors on all physical structures, vehicles and equipment.

Free distribution of tobacco products

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

Tobacco companies are expressly prohibited from distributing their tobacco products to distributors or consumers free of charge or as incentives, gifts, samples, or supportive aids.

This law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to the free distribution of tobacco products.

In practice, however, tobacco companies do give away tobacco products for free.

Promotions with a tobacco product purchase

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

Tobacco companies are expressly prohibited from distributing their tobacco products to distributors or consumers free of charge or as incentives, gifts, samples, lottery, or supportive aids. In addition, the law prohibits “campaigns promoting or encouraging the use of tobacco products.”

This law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional gifts, discounts, prizes, rewards in conjunction with a tobacco product purchase.

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 states that: “Companies that produce or market tobacco products may not contribute, in any manner, to any event or activity by using their names, logos or trademarks.” A competition is an “event or activity.” Therefore, competitions may not be associated with tobacco products or brands through the use of brand names, company names, logos, or trademarks.

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

Direct person to person targeting of individuals

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

The law prohibits all forms of advertising or promotion of tobacco products by using the name, logo, or trademark of the product or producer. The law also prohibits the sales and distribution through active face to face interactions with the consumer.

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

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 use of names, logos, trademarks, or any symbol that would remind people of a tobacco product or company on clothes, accessories, jewelry, and similar products. Additionally, the law prohibits the name, brand, emblem logo, or other elements that bring directly to mind companies and products that are non-tobacco products and services to be associated with tobacco product or tobacco companies. No sign or color that can be associated with tobacco products can be used on any other product.

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

Reverse brand stretching or brand sharing

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

Tobacco products producers, importers and distributors may not associate the name, emblem, logo or other name and elements that bring them to mind with companies or products that are in the goods and services sector outside of tobacco products and may not use such objects to give the impression that the tobacco product and other products are associated. This is interpreted as prohibiting reverse brand stretching.

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

Toys that resemble tobacco products

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

The law prohibits production, distribution, and sale of chewing gum, sweets, treats, toys, clothes, jewelry, accessories, and like products if they are in any way suggestive of a tobacco product or brand.

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

Candy that resembles tobacco products

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

The law prohibits production, distribution, and sale of chewing gum, sweets, treats, toys, clothes, jewelry, accessories, and like products if they are in any way suggestive of a tobacco product or brand.

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

Retailer incentive programs

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

Tobacco companies are expressly prohibited from distributing their tobacco products to distributors free of charge as incentives, gifts, samples, or supportive aids. Tobacco products may not be displayed in such a way as to give superiority or exclusivity to any company. Tied sales are also prohibited. Promotion, which is broadly defined, is also prohibited.

This ban aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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.
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Analysis:

The law prohibits depiction of tobacco products or use in media, including on television, in films, series, music clips, commercials and promotional films, and works shown in cinemas or theaters. In addition, the law prohibits depiction of tobacco products or use "on the Internet, publicly accessible social media or similar channels with commercial purposes or with intent of advertising." The law does not distinguish between paid and unpaid placement.

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

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.
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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 prohibits depiction of tobacco products or use in media, including on television, in films, series, music clips, commercials and promotional films, and works shown in cinemas or theaters. In addition, the law prohibits depiction of tobacco products or use "on the Internet, publicly accessible social media or similar channels with commercial purposes or with intent of advertising." The law does not distinguish between paid and unpaid placement.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.

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.
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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 companies that produce or market tobacco products from contributing in any manner to any event or activity by using their names, logos, or trademarks. The law appears to allow contributions to individuals, organizations, and governments that are not associated with a tobacco company name, logo, or trademark. The key terms are not defined, so the full scope of this prohibition is unclear.

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 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.
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Analysis:

The law prohibits companies that produce or market tobacco products from contributing in any manner to any event or activity by using their names, logos, or trademarks. Companies may not use their names, logos, emblems, products brands, trademarks, or symbols in publicizing financial or other support provided to an event or an activity. However, there does not appear to be any restrictions on sponsorship to things other than events or activities, and therefore publicity of sponsorship of individuals and organizations may be allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

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

Advertisements must be honest, true, and appropriate in accordance with laws and general mortality rules. Advertisements may not profit from consumer's experience and information deficit and may not abuse consumer's confidence.

Additionally, the law prohibits providing false or incomplete information on the packages and labels of tobacco products pertaining to the characteristics, health impact, hazards, or emissions. Misleading descriptions, brands, colors, symbols, and signs are also prohibited.

These laws align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to this provision.