LANGUAGE
Last updated: September 18th 2019

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) specifically prohibit advertising by electronic media. Therefore, tobacco advertising is prohibited on domestic television, radio, and other domestic broadcast media such as satellite and cable.

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

Domestic newspapers and magazines

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit the “delivery of printed advertising to the street, to an address or by mail.” Therefore, tobacco advertising via domestic print media, such as pamphlets, leaflets, flyers, posters, and signs are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. Guidelines with respect to advertising in other domestic print media such as pamphlets, leaflets, flyers, posters and signs.

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) specifically prohibit advertising by electronic media. Although the law does not address the applicability of the ban to international electronic media, the law is being implemented to ban tobacco advertising inboth domestic and cross-border TV and radio. As a result, the regulatory status code "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio. For greater clarity, the law should specify that the ban on tobacco advertising and promotion applies to both domestic and cross-border TV, radio, and other broadcast media.

International newspapers and magazines

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Although the law makes no mention of the ban's application to international print media, the law is being implemented to ban tobacco advertising in both domestic and cross-border newspapers and magazines. As a result, the regulatory status code "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines. For greater clarity, the law should specify that the ban on tobacco advertising and promotion applies to both domestic and cross-border 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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) specifically prohibit tobacco advertising via electronic media. Therefore, tobacco advertising via internet communications is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via 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 does not specifically prohibit the sale of tobacco products by the internet. However, the law prohibits the sale of tobacco products to minors under the age of 18 and requires the posting of notices stating this prohibition in places that sell tobacco products. The provision is being implemented in a way that bans internet sales because it is difficult to verify age via the internet. As a result, the regulatory status code "Banned" is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales. However, for greater clarity, the law should clearly state that internet sales of tobacco products are prohibited.

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

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit the “delivery of printed advertising to the street, to an address or by mail” and “aerial advertising via balloons or airplanes, among others.” The 2008 Regulations clearly state that the list of prohibited advertising practices “is not exhaustive.” Therefore, tobacco advertising via 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 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:

Article 7 of Law No. 18.256, as amended by Law No. 19.244, broadly bans all forms of tobacco advertising, promotion and sponsorship, which is interpreted as including advertising and promotion at points of sale. Only a written list of tobacco products and their prices is permitted.

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

Article 7 of the Law No. 18.256, as amended by Law No. 19.244, broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7 specifically prohibits “the display of tobacco products, tobacco derivatives or accessories for smoking in display stands or any other kind of shelving located in places where tobacco products are sold.” Only a written list of tobacco products and their prices is permitted.

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.
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Analysis:

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

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 respect.

Conventional mail

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit the “delivery of printed advertising to the street, to an address or by mail.”

The law aligns 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.
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Analysis:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit “advertising by SMS or any electronic medium.” Therefore, tobacco advertising and promotion by telephone and cellular phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to telephone and cellular 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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Article 8 of the 2008 Regulations provides a list of advertising and promotional activities that are prohibited, but clearly states that “this enumeration is not exhaustive.” Although brand marking is not on the non-exhaustive list, brand marking falls within the definition of “advertising and promotion” in Art. 7 of the 2008 Regulations. Therefore, the law is interpreted as prohibiting brand marking.

For clarity of interpretation, it would be useful to include brand marking in the list of prohibited activities.

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 law specifically prohibits the free distribution of tobacco products.

The 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.

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit direct and indirect incentives that promote the purchase of a tobacco product, such as promotional discounts, gifts, and prizes.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, and rewards to consumers in conjunction 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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Article 8 of the 2008 Regulations provides a list of advertising and promotional activities that are prohibited, but clearly states that “this enumeration is not exhaustive.” Although “competitions associated with tobacco products” is not on the non-exhaustive list, this type of promotional activity falls within the definition of “advertising and promotion” in Art. 7 of the 2008 Regulations. Therefore, the law is interpreted as prohibiting competitions associated with tobacco products.

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit direct targeting of individuals by SMS, any electronic media, or by mail. In addition, Art. 8 of the regulations clearly states that the list of prohibitions “is not exhaustive.” Therefore, the law is interpreted as prohibiting direct person-to-person marketing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct marketing.

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7 specifically prohibits the “use of logos or brands or brand elements of tobacco products in products other than tobacco.”

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7 specifically prohibits the “use of brands or logos of products other than tobacco in tobacco products.”

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

Toys that resemble tobacco products

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7, the law specifically prohibits “the preparation or sale of foods, candies, toys or other objects having the shape of tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

Candy that resembles tobacco products

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

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7, the law specifically prohibits “the preparation or sale of foods, candies, toys or other objects having the shape of tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. Pursuant to Art. 7, the 2008 Regulations (Art. 8) prohibit “the use of direct or indirect incentives that promote the purchase of tobacco products by the public . . . .” 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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship. In addition, Art. 7 specifically prohibits the “placement of brands, logos or brand elements of tobacco products in games, video game or computer games.”

Article 8 of the 2008 Regulations provides a list of advertising and promotional activities that are prohibited, but clearly states that “this enumeration is not exhaustive.” Although “paid placement of tobacco products” is not on the non-exhaustive list, this type of promotional activity falls within the definition of “advertising and promotion” in Art. 7 of the 2008 Regulations. Therefore, the law is interpreted as prohibiting all paid placement of tobacco products in TV, film and other media.

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 all forms of tobacco advertising, promotion and sponsorship, but does not specifically address unpaid depiction of tobacco use or tobacco products. However, given the broad definition of “advertising and promotion,” the law is interpreted as prohibiting unpaid depiction under the law’s broad ban of all forms of tobacco advertising and promotion.

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

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:

Article 7 of the law prohibits all forms of tobacco advertising, promotion and sponsorship, and specifically prohibits “national or international sponsorship by the tobacco industry of cultural and athletic activities, or activities of any other kind, or of the participants therein.” “Sponsorship” is defined as any form of contribution to any act, activity, individual or public or private institution with the goal, effect, or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco.”

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

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:

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.
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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:

Article 7 of the law broadly bans all forms of tobacco advertising, promotion and sponsorship; therefore, promotion by means that are false, misleading, or deceptive is accordingly banned. Further, the law and regulations specifically prohibit the use on tobacco packages of misleading terms, descriptors, brand names, figurative symbols, or other signs that create a false impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to means of promotion that are false, misleading, or deceptive.