Last updated: February 24th 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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as . . . television and radio (including terrestrial and satellite) . . . .” Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.

Domestic newspapers and magazines

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

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and 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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Therefore, tobacco advertising and promotion in domestic print media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in 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.
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Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits “all forms, methods and means of tobacco advertising, promotion and sponsorship, including cross border advertising, promotion or sponsorship prescribed in the Third Schedule to the Act.” The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as . . . television and radio (including terrestrial and satellite) . . . .” Therefore, tobacco advertising and promotion on international TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international TV and radio.

International newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits “all forms, methods and means of tobacco advertising, promotion and sponsorship, including cross border advertising, promotion or sponsorship prescribed in the Third Schedule to the Act.” The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Therefore, tobacco advertising and promotion in international newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in international newspapers and magazines.

Internet communications

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

Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits “all forms, methods and means of tobacco advertising, promotion and sponsorship, including cross border advertising, promotion or sponsorship prescribed in the Third Schedule to the Act.” The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as . . . digital communication platforms (such as Internet and mobile phones) . . . .” Therefore, tobacco advertising and promotion via internet communications is prohibited.

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

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

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

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . . .” Therefore, tobacco advertising and promotion through outdoor advertising (such as billboards and posters) is prohibited.

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

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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “communication through audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs) . . .” The Tobacco Control Act, Sec. 14(4), also states that plain black and white price lists, stating the brand name, package quantity and price, may be allowed at point of sale. Therefore, any means of advertising and promotion that could be use at point of sale is prohibited.

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

Point of sale product display

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

The Tobacco Control Act, Sec. 16(3), prohibits the display and visibility of tobacco products at point of sale, other than visibility at the time of the transaction. Reinforcing this prohibition, Sec. 14(1) prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the display or visibility of tobacco products at points of sale and any other commercial display of tobacco products.” Therefore, the display of tobacco products at points of sale is prohibited.

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

Conventional mail

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

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits the “direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, ‘consumer surveys’ or ‘research’ or person-to-person conversation.” Therefore, tobacco product advertising and promotion through conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits the “direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, ‘consumer surveys’ or ‘research’ or person-to-person conversation.” Therefore, tobacco product advertising and promotion through telephone and cellular (mobile) phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular (mobile) phone.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits the “brand-marking, including in entertainment venues and retail outlets and on vehicles and equipment, such as by use of words, designs, images, sounds and colours, including brand names, trademarks, logos, names of tobacco manufacturers or importers, and colours or schemes of colours, in whole or in part and any other indicia associated with tobacco products, manufacturers or importers.” Therefore, all brand marking is prohibited.

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

Free distribution of tobacco products

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

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the supply or offer of free samples of tobacco products, including in conjunction with marketing surveys and taste testing.” Therefore, free distribution of tobacco products is prohibited.

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

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:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the provision or offer of gifts or discounted products with the purchase of tobacco products, such as key rings, T-shirts, baseball hats, cigarettes lighters, CDs, other trinkets or tobacco products” and “incentive promotions or loyalty schemes, such as redeemable coupons provided with purchase of a tobacco product.” Therefore, all promotional discounts, gifts, prizes, etc. with a tobacco product purchase are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not.” Therefore, competitions associated with tobacco products are prohibited.

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

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Expand to view related litigation.
Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits the “direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, ‘consumer surveys’ or ‘research’ or person-to-person conversation.” Therefore, tobacco product advertising and promotion through direct person-to-person targeting of individuals is prohibited.

The 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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “product diversification through brand stretching and brand sharing.” Therefore, all brand stretching is prohibited.

The 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:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “product diversification through brand stretching and brand sharing.” Therefore, all reverse brand stretching or brand sharing is prohibited.

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

Toys that resemble tobacco products

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

The Tobacco Control Act, Sec. 17(2), provides that “a person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor.” Reinforcing this prohibition, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the sale or supply of toys or sweets or other non-tobacco products that resemble tobacco products.” Therefore, the sale of all toys that resemble tobacco products is prohibited.

The law 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 Tobacco Control Act, Sec. 17(2), provides that “a person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor.” Reinforcing this prohibition, Sec. 14(1) prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the sale or supply of toys or sweets or other non-tobacco products that resemble tobacco products.” Therefore, the sale of all 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.

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:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “the payment or other consideration in exchange for the exclusive sale or prominent display of a particular product or particular manufacturers product in a retail outlet or at a venue or an event” as well as “any other form of tobacco advertising, promotion or sponsorship by any method or means.” Therefore, retailer incentive programs are prohibited.

The law 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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule specifically prohibits “product placement, such as the inclusion of or reference to a tobacco product, service or trademark in the context of communication in return for payment or other consideration.” Therefore, paid placement of tobacco products in TV, film, or other media is prohibited.

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

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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Third Schedule of the Act. The Third Schedule does not specifically address unpaid depiction of tobacco use or tobacco products; however the Third Schedule prohibits a detailed list of advertising, promotion and sponsorship actions as well as “any other form of tobacco advertising, promotion and sponsorship by any method or means.” “Tobacco advertising and promotion” is defined broadly to include “any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly . . .” This has the effect of banning unpaid depiction of tobacco products or tobacco use. The exception set out in Sec. 14(4) of the Act reinforces that unpaid depiction is banned by stating: “Notwithstanding subsection (1), the following may be allowed . . . (e) depiction of tobacco products or tobacco use in media where the depiction is justified for educational purposes of tobacco control”. Therefore, unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose is prohibited.

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

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Fourth Schedule of the Act. The Fourth Schedule specifically prohibits “the provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sportspeople or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organizations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgment or publicity, including corporate social responsibility activities of any kind.” Therefore, all tobacco industry sponsorship is prohibited.

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

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.
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Analysis:

The Tobacco Control Act, Sec. 14(1), prohibits all forms of tobacco advertising, promotion and sponsorship contained in the Fourth Schedule of the Act. The Fourth Schedule specifically prohibits “the provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sportspeople or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organizations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgment or publicity, including corporate social responsibility activities of any kind.” Therefore, all publicity of tobacco industry sponsorship is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry 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:

The Tobacco Control Act, Sec. 14(1), provides for a comprehensive ban on tobacco advertising, promotion and sponsorship. In addition, Sec. 14(6) specifically prohibits “employ[ing] any means to convey information that is false, misleading or deceptive or likely to create an erroneous impression about a tobacco product’s characteristics, health effects, hazards or emissions”. This is interpreted to include any term, descriptor, trademark, emblem, marketing image, logo, color or figurative or any other indicia. Therefore, all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression is prohibited.

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.