Germany

The law prohibits tobacco advertising on TV and radio.

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

The law prohibits tobacco advertising in the press and other printed publications, which includes domestic newspapers and magazines. The law provides an exception for print publications intended exclusively for those employed in the tobacco industry.

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.

The law does not address domestic print media, such as pamphlets, leaflets, flyers, posters, and signs. Although the law prohibits tobacco advertising in the press and other printed publications, this phrase is interpreted to cover only traditional print media such as newspapers and magazines, and not leaflets, flyers, posters or signs. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including in domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

Although the law bans tobacco advertising on TV and radio, the law does not explicitly address tobacco advertising and promotion via international or cross border TV and radio. However, the provision prohibiting the use of audiovisual commercial communication for tobacco products is within the section of the law on the implementation of the EU’s Audiovisual Media Services Directive, which prohibits audiovisual commercial communication for tobacco products throughout the EU. Therefore, when read in conjunction with the intent of the EU’s Audiovisual Media Services Directive, the law is interpreted as prohibiting tobacco advertising on international TV broadcast from anywhere in the EU and transmitted into the EU. Thus, the regulatory status code “Some Restrictions” is given.

Because the law restricts tobacco advertising and promotion on international broadcast media, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that "Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory." However, to more fully align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 46-52, the law should explicitly prohibit all cross-border tobacco advertising and promotion on TV and radio originating from or entering its territory even if originating from or being transmitted to outside of the EU.

The law prohibits tobacco advertising in the press and other printed publications, which includes newspapers and magazines. However, the law provides an exception for publications that are printed and distributed in a country that is not a member state of the European Union and are not intended for the EU Market.

Because the law prohibits advertising in international newspapers and magazines intended for the German market, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.”

The law prohibits tobacco advertising in the press and other printed publications. The law explicitly includes “information society services,” which includes internet communication, within this prohibition. However, the law provides an exception for publications that are printed and distributed in a country that is not a member state of the European Union and are not intended for the EU market.

Because the law prohibits advertising via internet communications intended for the German market, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.”

The law prohibits most outdoor advertising, except for outdoor advertising on the business premises of specialist tobacconists.

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

The law does not address point of sale advertising and promotion. Therefore, point of sale advertising and promotion is allowed.

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

The law does not address point of sale product display. Therefore, point of sale product display is allowed.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-13, the law should provide for “a total ban on any display and on the visibility of tobacco products at points of sale, including fixed retail outlets and street vendors. Only the textual listing of products and their prices, without any promotional elements, would be allowed.”

The law does not address advertising through conventional mail. In addition, the law is interpreted as allowing tobacco advertising via domestic print media, such as leaflets and flyers, which may be sent through conventional mail. Therefore, tobacco advertising and promotion via conventional mail is allowed.

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

The law does not address tobacco advertising and promotion via telephone and cellular phone. Therefore, the law is interpreted as allowing advertising via telephone and cellular phone.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via telephone and cellular phone.

The law does not address brand marking, including the use of distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles or equipment. Therefore, the law is interpreted as allowing brand marking.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit brand marking.

The law prohibits the free distribution of tobacco products outside of business premises of specialist tobacconists.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all free distribution of tobacco products, as this is an inherent form of advertising.

The law does not address promotions with a tobacco product purchase. Therefore, the law is interpreted as allowing promotions in conjunction with a tobacco product purchase.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotions in conjunction with a tobacco product purchase.

The law restricts competitions associated with tobacco products. Specifically, the law prohibits the sponsorship of any activity: 1) in which multiple EU member states are involved, 2) which takes place in several Member States, or 3) which otherwise has cross-border effects. Therefore, competitions associated with tobacco products are allowed if they take place in, and have effects in, Germany only. However, such competitions are prohibited if they take place in, or have effects in, multiple EU Member States.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products.

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

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit direct person-to-person targeting of individuals.

The law does not address brand stretching/trademark diversification. Therefore, the law is interpreted as allowing brand stretching/trademark diversification.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand stretching/trademark diversification.

The law does not address reverse brand stretching or brand sharing. Therefore, the law is interpreted as allowing reverse brand stretching/brand sharing.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching/brand sharing.

The law does not address the manufacture or sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing the manufacture and sale of toys or candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of toys or candy that resemble tobacco products.

The law does not address the manufacture or sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing the manufacture and sale of toys or candy that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of toys or candy that resemble tobacco products.

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 retailer incentive programs.

The law prohibits "audiovisual commercial communications" as that term is defined in Directive 2010/13/EU. That definition specifically includes product placement. Therefore, the product placement of tobacco products is TV, film, or other media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.

The law does not address the unpaid depiction of tobacco use or tobacco products in media. Therefore, the law is interpreted as permitting 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.

The law prohibits sponsorship of radio programs (Sec. 19(4)) and audiovisual/TV programs (Sec. 20). The law also prohibits sponsorship of cross-border events; specifically, events in which multiple EU Member States are involved, which take place in several EU Member States, or which otherwise have cross-border effects. However, if an event or activity takes place, and has effects, only in Germany, the law is interpreted as allowing sponsorship. In addition, the law does not prohibit contributions to “corporate social responsibility” programs. Therefore, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, and organizations.

Publicity of allowed sponsorship (including sponsorship of events and activities that take place and have effects only in Germany; so-called "corporate social responsibility") is prohibited on radio, TV, internet, and print publications by the ban on tobacco advertising on radio, TV, internet, and print publications. However, the publicity of allowed sponsorship is permitted in forms of advertising and promotion are not prohibited or restricted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, and organizations, and publicity thereof.

The law prohibits marketing of tobacco products using misleading information on packaging or on the product itself. In addition, the law prohibits the use of promotional information (defined to include designations, details, representations, signs, symbols, etc.) in advertising that might create the impression that use of a tobacco product is harmless to health or can positively influence the body, human performance, or overall well-being.

Taken together, these provisions are interpreted as prohibiting all promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression.