LANGUAGE
Last updated: July 19th 2021

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 tobacco advertising and promotion in TV and radio productions. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic TV and radio. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Domestic newspapers and magazines

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

The law prohibits tobacco advertising and promotion in newspapers and magazines. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic newspapers and magazines. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 tobacco advertising and promotion in books, flyers, leaflets, and posters. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion in domestic print media such as pamphlets, leaflets, flyers, posters, and signs. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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:

Although the law prohibits tobacco advertising and promotion in TV and radio productions, the law does not explicitly ban advertising and promotion via international or cross-border TV and radio. The regulatory status “Uncertain” accordingly is given. In order to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion in 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:

Although the law prohibits tobacco advertising and promotion in newspapers and magazines, the law does not explicitly ban advertising and promotion via international newspapers or magazines. The regulatory status “Uncertain” accordingly is given. In order to align with FCTC Art. 13 and FCTC the Art. 13 Guidelines, the law should expressly prohibit tobacco advertising and promotion in 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 advertising and promotion via the internet. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion via internet communications. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Internet tobacco product sales

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

The law bans internet tobacco product sales. The law accordingly aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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

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

The law prohibits publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. Tobacco advertising and promotion accordingly is prohibited in outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion via outdoor advertising. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. Tobacco advertising and promotion accordingly is prohibited at the point of sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting point of sale advertising and promotion. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 display of tobacco products in places of worship, educational institutions, and sports and health facilities. In other places, the law prohibits tobacco product display in proximity to areas displaying or selling food, health and children’s products; and sports equipment and apparel. Tobacco products also may not be displayed at in-store payment points and must be located as far away as possible from such points. The law, however, does not ban product display in all places and, accordingly, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including all tobacco product display at the point of sale.

Vending machines

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

Law No. 15 prohibits the use of devices or mechanical equipment to sell tobacco products. This is interpreted as prohibiting tobacco product sales via vending machines. The law aligns with FCTC Art. 16, FCTC Art. 13, and the FCTC Art. 13 Guidelines prohibiting vending machine sales of tobacco products.

Conventional mail

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

The law prohibits publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. The law specifically prohibits advertising and promotion via “means of communication.” As conventional mail is a means of communication, tobacco advertising via convention mail accordingly is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion via conventional mail. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Telephone and cellular phone

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

The law prohibits advertising and promotion in means of communication including telephone calls and text messages. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines prohibiting tobacco advertising and promotion via 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 publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. The law also specifically prohibits advertising and promotion on all means of public and private transport. The law, therefore, prohibits brand marking on physical structures.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Free distribution of tobacco products

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

The law prohibits publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. The law also specifically prohibits special, promotional, closing down discounts, reductions, or offers on tobacco products. Although the law does not specifically address the free distribution of tobacco products, such distribution is interpreted as banned.

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. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 special, promotional, closing down discounts, reductions, or offers on tobacco products. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional rewards in conjunction with a tobacco product purchase. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 distributing tobacco products in the form of prizes or gifts in any competition or activity. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Direct person to person targeting of individuals

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

The law prohibits publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. The law also specifically prohibits advertising and promotion via means of communication and the like. Although the law does not specifically address direct person to person targeting of individuals, such communication is interpreted as banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person targeting of individuals. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Brand stretching/trademark diversification

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.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law prohibits advertising and promotion via personal effects, clothing, and the like. The scope of the prohibition is limited because it does not apply to all non-tobacco products or services. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all non-tobacco products or services using tobacco brand names or carrying a tobacco brand logo or other indicia. In order to cover the full range of tobacco advertising and promotion, the law also should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 using tobacco products as a means of publicizing, advertising, and promoting any product, item of goods, or other service. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via reverse brand stretching/trademark diversification. In order to cover the full range of tobacco advertising and promotion, however, the law should include the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Toys that resemble tobacco products

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

The law prohibits importing and selling toys that resemble tobacco products in shape. 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 importing and selling candy that resembles tobacco products in shape. 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

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

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 does not address retailer incentive programs. The law, therefore, is interpreted as allowing such programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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.
Analysis:

The law prohibits publicizing, advertising, and promoting tobacco products. The law also specifically prohibits advertising and promotion in cinema, television, radio, and theatre, among other forms of communication. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting paid placement of tobacco products in media.

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

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

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 publicizing, advertising, and promoting tobacco products. The definition of these activities covers the provision of tobacco product information through print or audio-visual media or by any other means with the aim of increasing tobacco consumption. The law also specifically prohibits advertising and promotion in cinema, television, radio, and theater among other forms of communication. However, the law does not clearly cover tobacco advertising, promotion and sponsorship activities with the effect or likely effect of increasing tobacco consumption (as opposed to those activities with the aim of increasing consumption), nor does the law clearly cover advertising and promotion of tobacco use (as opposed to tobacco products). Therefore, the law does not appear to ban all unpaid depiction of tobacco use that does not serve a legitimate purpose.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. To align, the law should clearly prohibit all unpaid depiction of tobacco use and tobacco products and should utilize the broader definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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 the tobacco industry from sponsoring activities, events, teams, or persons in order to promote tobacco-related activity. Public or private bodies and institutions, including those involved in cultural, sports, academic, and social activities, further may not publicize, advertise, or promote tobacco products with the goal of increasing tobacco consumption. The tobacco industry also may not engage in corporate social responsibility (CSR) activities in order to promote tobacco. Despite these broad prohibitions, the law does not appear to prohibit CSR activities that do not promote tobacco. Thus, the regulatory code “Some Restrictions” is given.

It appears that all financial contributions that promote tobacco consumption may be prohibited. The law, however, does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because it does not prohibit all CSR contributions by the tobacco industry. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco industry sponsorship including all CSR contributions by the tobacco industry. In order to cover the full range of tobacco industry sponsorship, the law also should include the definition of “tobacco sponsorship” contained in FCTC Art. 1(g).

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.
Analysis:

It appears that all financial contributions that promote tobacco consumption may be prohibited. There thus can be no publicity of such sponsorship. The law however permits “corporate social responsibility” (CSR) donations that do not promote tobacco products or tobacco use and does not appear to prohibit the tobacco industry from publicizing such donations.

Because not all publicity of financial or other sponsorship by the tobacco industry is banned, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco industry sponsorship and publicity thereof. In order to cover the full range of tobacco industry sponsorship, the law also should include the definition of “tobacco sponsorship” contained in FCTC Art. 1(g).

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:

Although the law prohibits false and misleading terms on tobacco product packages, the law does not prohibit other types of promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression about a tobacco product’s characteristics, health effects, hazards, or emissions. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically ban all false, misleading, and deceptive promotion of tobacco products.