LANGUAGE
Last updated: February 20th 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.
Analysis:

The law prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Domestic newspapers and magazines

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

The law prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include domestic newspapers and magazine.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include all domestic print media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 prohibits advertising of tobacco products in any forms and in any kinds of mass media. Although broad, the law does not specifically prohibit cross-border tobacco advertising on international TV and radio, so the legal status of such marketing is uncertain.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify that the comprehensive ban on all forms of tobacco advertising and promotion includes cross-border TV and radio. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 prohibits advertising of tobacco products in any forms and in any kinds of mass media. Although broad, the law does not specifically prohibit cross-border tobacco advertising in international newspapers and magazines, so the legal status of such marketing is uncertain.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify that the comprehensive ban on all forms of tobacco advertising and promotion includes cross-border newspapers and magazines. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Internet tobacco product sales

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

The law prohibits the retail trade of tobacco products using the internet, telecommunications, or any other technology.

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

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

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

The law prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 advertising of tobacco products in places of trade.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Point of sale product display

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

The law prohibits retail tobacco trade from displaying or demonstrating tobacco products, except for a price list and demonstration upon request. The law also prohibits advertising of tobacco products in places of trade.

The law aligns 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:

The law prohibits retail trade of tobacco products using vending machines, and other electronic or mechanical devices.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to and by minors) with respect to vending machines.

Conventional mail

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

The law also prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include tobacco advertising via conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Telephone and cellular phone

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

The law prohibits advertising of tobacco products in any forms and in any kinds of mass media. This is interpreted to include tobacco advertising via telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular phone. For better clarity, the law should prohibit tobacco promotion in all media as well and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Brand marking on physical structures

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

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 use of a trademark to customize tobacco products on other types of goods that are not tobacco products. It is unclear whether this includes distinctive words, designs, images, sounds or colors that promote tobacco products, but are not trademarked. Additionally, it is not clear whether the use of the trademark on entertainment venues, retail outlets, vehicles, or other structures would be prohibited under this provision.

For better clarity and to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand marking and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Free distribution of tobacco products

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

The law prohibits the distribution of tobacco products among the public free of charge.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to and by minors) in this regard.

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 distribution of tobacco products as gifts. Additionally, the law prohibits price discounts on tobacco products by any means. The law also prohibits the organization and performance of events (including lotteries, contests, and games), a condition of participation of which is the purchase of tobacco products or in which tobacco products are used as prizes. This is interpreted to prohibit any promotion with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in regard to promotions with a tobacco product purchase. For better clarity, the law should prohibit all forms of tobacco promotion and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 the organization and performance of events (including lotteries, contests, and games), a condition of participation in which is the purchase of tobacco products or in which tobacco products are used as prizes. The law also prohibits all tobacco product sponsorship. This is interpreted to prohibit any competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.

Direct person to person targeting of individuals

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 prohibits advertising of tobacco products in any forms and any kinds of mass media. However, because the definition of “advertising of tobacco products” includes “information, distributed in any form and by any means, intended for unspecified persons . . .”, it is unclear whether the prohibition on tobacco advertising applies to direct person to person targeting of individuals.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any direct person to person targeting of individuals. For better clarity, the law should prohibit all forms of tobacco promotion and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 use of a tobacco product’s trademark on other types of goods that are not tobacco products. The law also prohibits the use of a tobacco product’s trademark in the production, wholesale, and retail sale of these non-tobacco product goods. For better clarity, the law should prohibit brand stretching on non-tobacco services as well.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. In addition, the law should prohibit all forms of tobacco promotion and define the term “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

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 prohibit the use of non-tobacco brand names on tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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 imitation of tobacco products in the production, wholesale, and retail sale of other types of goods that are not tobacco products. This is interpreted to include toys that resemble tobacco products.

The law aligns 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 the imitation of tobacco products in the production, wholesale, and retail sale of other types of goods that are not tobacco products. This is interpreted to include candy that resembles tobacco products.

The law aligns 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 tobacco sponsorship and price discounts on tobacco products by any means. The law also prohibits the organization and performance of events which require the purchase of tobacco products in order to participate or in which tobacco products are used as prizes. Read together, these provisions prohibit retailer incentive programs.

The law aligns 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 tobacco sponsorship. This is interpreted to include any paid placement of tobacco products in TV, film, or other media.

The law aligns 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

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.

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 the demonstration of tobacco products or their consumption in newly created audiovisual works, in theater performances, or in public performances, unless the depiction is integral to the artistic design. However, the law does not address the unpaid depiction of tobacco products or tobacco use in older media. Therefore, the law is interpreted as allowing unpaid depiction in older works, while prohibiting unpaid depiction in newer works. The law does not define “newly created.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all unpaid depiction of tobacco products or use in media that does not serve a legitimate purpose.

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 all sponsorship of tobacco products, which is defined as “any type of contribution to any event, activity or individual, the purpose, result or likely result of which is the promotion of the sale of tobacco products or the consumption of tobacco directly or indirectly.”

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

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

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 current law prohibits most forms of tobacco advertising and promotion. For those forms of tobacco advertising and promotion that may escape the ban, however, the law does not address promotion by means that are false, misleading, or deceptive.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit any tobacco promotion that is likely to create an erroneous impression.