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.
Analysis:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising in “public service television by open signal or cable, and radio.” Therefore, tobacco advertising and promotion is prohibited on domestic TV and radio.

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.
Analysis:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” This is interpreted as prohibiting tobacco advertising in domestic newspapers and magazine.

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)

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:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising in “outdoor advertising media, billboards, posters, murals, mass transit stops or stations.” This is interpreted as prohibiting tobacco advertising and promotion through domestic print media such as pamphlets, leaflets, flyers, posters, and signs if they are outside. However, this provision does not necessarily prohibit posters, signs, and leaflets inside of venues. Therefore, 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 through domestic print media, whether outdoors or indoors.

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.
Analysis:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising in “public service television by open signal or cable, and radio.” Taken together, these provisions are interpreted as prohibiting tobacco advertising on international TV and radio originating inside or outside of Venezuela.

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

International newspapers and magazines

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

Article 1 of Resolution 12 of 2006 prohibits tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” “Advertising media” is interpreted to include “newspapers and magazines.” The prohibition of tobacco advertising “in the territory” of Venezuela is interpreted to prohibit tobacco advertising in both domestic newspapers and magazines and international newspapers and magazines originating outside of Venezuela and sold in the Venezuela market.

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

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

Internet communications (not sales)

Analysis:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 lists specific places and types of media in which tobacco advertising is prohibited. Internet communications is not on this list; therefore, the law is interpreted as allowing tobacco advertising and promotion via the internet.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion in all types of media, including internet communications.

Internet tobacco product sales

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

The law does not address tobacco product sales through the internet. Therefore, the law is interpreted as allowing tobacco products sales through the internet.

Internet tobacco product sales are an inherent form of advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including internet tobacco product sales.

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

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

Article 1 of Resolution 12 of 2006 prohibits tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising in “outdoor advertising media, billboards, posters, murals, mass transit stops or stations.” Therefore, outdoor tobacco advertising 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

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

Point of sale advertising/promotion (other than product displays)

Analysis:

Article 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 lists specific places and types of media in which tobacco advertising is prohibited. Point of sale locations is not on this list; therefore, the law is interpreted as allowing tobacco advertising and promotion at point of sale.

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

Point of sale product display

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

The law does not address point of sale product display; therefore, the law is interpreted as allowing point of sale product display.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 13, the law should prohibit tobacco product display, including the visibility of tobacco products, at point of sale.

Vending machines

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

Resolution No. 011 of 2006 prohibits the use of vending machines to sell cigarettes.

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

Conventional mail

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

The law does not address tobacco advertising by conventional mail. Therefore, the law is interpreted as allowing tobacco advertising by conventional mail.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by conventional mail.

Telephone and cellular phone

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

The law does not address tobacco advertising by telephone or cellular (mobile) phone. Therefore, the law is interpreted as allowing tobacco advertising by telephone or cellular phone.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by telephone or cellular phone.

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.

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 1 of Resolution 12 of 2006 prohibits the tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising in “outdoor advertising media, billboards, posters, murals, mass transit stops or stations.” This is interpreted as prohibiting brand making on the outside of physical structures and vehicles. However, such brand marking is not specifically prohibited if it indoors. Therefore, 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 brand marking.

Free distribution of tobacco products

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

Resolution No. 011 of 2006 prohibits the “distribution for free of tobacco products as well as other objects that stimulate, incite or facilitate the consumption of such products.” The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to the free distribution of tobacco products.

Promotions with a tobacco product purchase

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

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 does not address tobacco product promotion with a tobacco product purchase. Therefore, the law is interpreted as allowing promotions, such as discounts, gifts, prizes, and rewards to consumers, in conjunction with a tobacco product purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including promotions with a tobacco product purchase.

Competitions associated with tobacco products

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.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

Resolution No. 012 of 2006 prohibits advertising or promotion of tobacco products at “sports events, competitions, exhibitions or events.” However, this provision is not applicable to competitions that are not held in a physical space, such as lotteries or drawings. Therefore, 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 competitions associated with tobacco products.

Direct person to person targeting of individuals

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

The law does not address tobacco advertising by direct person-to-person targeting of individuals. Therefore, the law is interpreted as allowing direct person-to-person advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including targeting person-to-person advertising.

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:

Resolution No. 011 of 2006 prohibits the “manufacture and commercialization of candies, toys, garments or any other item that simulates tobacco products or stimulates, incites, facilitates or promotes the consumption of products derived from tobacco.” Therefore, non-tobacco products bearing tobacco brand names or logos are 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

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 address the use of non-tobacco brand names/logos on tobacco products or services. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching.

Toys that resemble tobacco products

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

Resolution No. 011 of 2006 prohibits the “manufacture and commercialization of candies, toys, garments or any other item that simulates tobacco products or stimulates, incites, facilitates or promotes the consumption of products derived from tobacco.” Therefore, toys that resemble tobacco products are 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.
Analysis:

Resolution No. 011 of 2006 prohibits the “manufacture and commercialization of candies, toys, garments or any other item that simulates tobacco products or stimulates, incites, facilitates or promotes the consumption of products derived from tobacco.” Therefore, 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

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. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including 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:

Article 1 of Resolution 12 of 2006 prohibits tobacco advertising in “advertising media” “in the territory of the Bolivarian Republic of Venezuela.” Article 3 specifically prohibits tobacco advertising on television and in movie theaters. The definition of advertising is broad – including any communication or commercial action “with the possible effect of directly or indirectly” promoting tobacco products – and is interpreted to include paid placement. The law is therefore interpreted to prohibit paid placement of tobacco products on 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 in TV, film, or other 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 does not address unpaid depiction of tobacco use or tobacco products. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

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

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

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 does not directly address financial support or other kinds of sponsorship support by the tobacco industry to events, activities, individuals, groups or organization. Therefore, the law is interpreted as allowing financial and other support, including contributions to “corporate social responsibility” activities and youth tobacco use prevention programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship by the tobacco industry. In addition, to clarify the scope of the ban and aid in implementation, the law should contain a definition of “tobacco sponsorship” in accordance with the definition contained in the FCTC.

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:

Resolution No. 012 of 2006 prohibits tobacco advertising and promotion at “sports activities, competitions, exhibitions or events.” Because publicity of financial sponsorship is prohibited in some cases and permitted in others, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all sponsorship by the tobacco industry. In addition, to clarify the scope of the ban and aid in implementation, the law should contain a definition of “tobacco sponsorship” in accordance with the definition contained in the FCTC.

Promotion by any means that are false, misleading or deceptive

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.

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 law prohibits the use of misleading terms and descriptors and other misleading indicia on tobacco product packaging and labeling, which is in itself a restriction on false, misleading, and deceptive promotion. However, the law does not specifically address or prohibit other forms of advertising and promotion by means that are false, misleading, or deceptive. Because many forms of advertising and promotion are allowed under the law, it is possible that forms of false, misleading, or deceptive promotions may be allowed. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about a tobacco product’s characteristics, health effects, hazards, or emissions.