The law prohibits the display, exhibit, announcement, broadcast, or telecast of a tobacco product advertisement. Therefore, tobacco advertising and promotion on domestic TV and radio is banned.

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.

The law prohibits the printing or publishing of any tobacco product advertisement “in any printed publication, book, magazine, leaflet, handbill, newspaper or other printed matter intended for the public.”

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 prohibits distributing any leaflet or document that contains a tobacco product advertisement, and the printing or publishing of any tobacco product advertisement “in any printed publication, book, magazine, leaflet, handbill, newspaper or other printed matter intended for the public.” Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.

The law prohibits advertising a tobacco product online or through electronic or digital communication or an electronic system.

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

Tobacco advertising and promotion on TV and radio originating outside of Nauru is prohibited only if: (i) the principal purpose is the promotion of a tobacco product or smoking, or (ii) it is intended for distribution or exhibition primarily in Nauru, or (iii) it is targeted primarily at a Nauru audience. Otherwise, tobacco advertising and promotion on cross-border TV and radio is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion on all international (cross-border) TV and radio.

Tobacco advertising and promotion in newspapers and magazines printed outside of Nauru is prohibited only if: (i) the principal purpose is the promotion of a tobacco product or smoking, or (ii) it is intended for sale or distribution primarily in Nauru. Otherwise, tobacco advertising and promotion in international newspapers and magazines is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion in all international (cross-border) newspapers and magazines.

The law prohibits the display of a tobacco product advertisement, as well as the “printing or publication of a . . .  tobacco product advertisement in any . . . leaflet, handbill . . . other printed matter intended for the public.” These provisions are interpreted as covering all outdoor advertising, such as billboards.

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

The law prohibits the display of a tobacco product advertisement, as well as the “printing or publication of a . . .  tobacco product advertisement in any . . . leaflet, handbill . . . other printed matter intended for the public.” This includes printed advertisements are point of sale. The law permits a price list with the brand name and variant of the tobacco product; however, the price list must not contain “the name of the tobacco company or brand logo, colouring, slogan or other form of text or graphics.” The price list must no larger than 500 square centimeters (which, for reference, is smaller than A4 paper) and must face inside the shop if near or on a window.

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

The law prohibits the display of a tobacco product in a way that is visible to the public at point of sale.

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

The law prohibits distributing any leaflet or document that contains a tobacco product advertisement, and the printing or publishing of any tobacco product advertisement “in any printed publication . . . leaflet, handbill . . . or other printed matter intended for the public.”  Because tobacco advertising and promotion delivered through conventional mail necessarily involves printed material, these provisions are interpreted as prohibiting tobacco advertising and promotion by conventional mail.

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

The law prohibits the announcement to the public of any tobacco product advertisement. The definition of “tobacco product advertisement” includes spoken words, through any medium, used to promote the sale of any tobacco product. Therefore, this provision is interpreted as prohibiting tobacco advertising and promotion through telephone and cellular phone.

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

The law prohibits the display or exhibition of any tobacco product advertisement. The definition of “tobacco product advertisement” includes “any pictorial representation, design, device, visual image, sign, symbol, trademark, brand name or company name, or part of
a trademark, brand name or company name . . . used to encourage the use . . . or to promote the sale of any tobacco product or to promote smoking.” This provision is interpreted as prohibiting the use of 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.  

The law prohibits the offer, supply, and distribution of free samples of tobacco products, as well as any other product that is not a tobacco product but that is intended to promote the sale of tobacco products or smoking generally.

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. 

The law prohibits the offer of “any gift or rebate or the right to participate in any contest, lottery or game to the purchaser of a tobacco product.” In addition, the law prohibits manufacturers, wholesalers, distributors, importers, and retailers of tobacco products from providing a promotional discount on tobacco products. Therefore, all promotions with a tobacco product purchase are banned.

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

The law prohibits the display or exhibition of any tobacco product advertisement. The definition of “tobacco product advertisement” includes “any pictorial representation, design, device, visual image, sign, symbol, trademark, brand name or company name, or part of
a trademark, brand name or company name . . . used to encourage the use . . . or to promote the sale of any tobacco product or to promote smoking.” Competitions associated with tobacco products necessarily involve the display of elements of tobacco product brand names, tobacco company names, or trademarks or associated designs and symbols. Therefore, this section 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. 

The law prohibits the announcement to the public of any tobacco product advertisement. The definition of “tobacco product advertisement” includes spoken words. Therefore, this provision is interpreted as prohibiting one-on-one marketing pitches.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting. 

The law prohibits the sale and import into Nauru of “any product that is not a tobacco product but that has the brand name, logo, trademark or other similar association of a tobacco product.” Therefore, brand stretching is prohibited.

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

The law does not address reverse brand stretching. 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 reverse brand stretching.

The law prohibits the sale and import into Nauru of any toy that resembles a tobacco product or any toy contained in packaging that is designed to resemble a tobacco product or the packaging of a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The law prohibits the sale and import into Nauru of any candy that resembles a tobacco product or any candy contained in packaging that is designed to resemble a tobacco product or the packaging of a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The law does not clearly address retailer incentive programs. Therefore, the regulatory status code “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs.

The law prohibits the sale or distribution of any film, video tape, or disk that contains a tobacco product advertisement. The law also prohibits the display, exhibition, announcement, broadcast or telecast of a tobacco product advertisement. The definition of tobacco product advertisement is broad and includes any “visual image” on “film, video, visual compact disk, recording or other medium” used to encourage the use or to promote the sale of a tobacco product or promote smoking. Paid placement involves the use of the visual image of a tobacco product in TV, film, or other media. Therefore, the law is interpreted as prohibiting paid placement of tobacco products in TV, film, or 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, and other media. 

The law does not address unpaid depiction of tobacco use of tobacco products in media that does not serve a legitimate purpose. 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 prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media.

The law prohibits a person from promoting or publicizing a tobacco product, trademark, brand name, or name of a manufacturer or distributor in exchange for sponsorship or other types of support. It also prohibits a person from providing sponsorship or other types of support in exchange for the promotion of a tobacco product, brand name, trademark, or name of a manufacturer or distributor. Because the law focuses on promotion and publicity, rather than the financial contribution or other support itself, the law is interpreted as allowing financial and other support if there is no publicity. Therefore, the regulatory status code “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including tobacco industry sponsorship of events, activities, individuals, organizations, and governments, regardless of publicity or promotion of the sponsorship.

The law prohibits publicity of financial or other sponsorship or support by the tobacco industry.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.

The law prohibits tobacco product advertisements subject to some exemptions. Although the law exempts advertising in or on the tobacco product package from this ban, tobacco product packaging may not contain “any information which is likely to represent that the tobacco product is less harmful than other similar products,” or any “signs, colours, designs or other forms or patterns of such designs as a substitute for any prohibited content.” Quantitative information on emissions yields is prohibited; therefore, any signs, colors or designs that could substitute for emission yields are also prohibited. In addition, descriptors depicting flavors are banned.

Note, however, that the Tobacco Control Regulations contain language that suggests products can be sold under one brand name but distinguished as differently flavored, having different contents of tar, or allegedly differing in “mildness,” despite clear language in the law prohibiting such indicators on product packaging. To eliminate any confusion, this language should be removed from the regulations.

Because not all forms of tobacco advertising and promotion and prohibited, 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 promotion of tobacco products by false, misleading or deceptive means.