Last updated: July 19, 2024

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion on radio and television.

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
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion in print media, which would include domestic newspapers and magazines.

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, leaflets, flyers, posters, signs (not including print advertising at the point of sale)

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion in print media, which would include pamphlets, leaflets, flyers, posters, and signs (not including at point of sale).

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

Uncertain
Analysis

The law does not explicitly address advertising on international TV and radio. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.

International newspapers and magazines

Uncertain
Analysis

The law does not explicitly address advertising on address international newspapers and magazines. Therefore, the regulatory status code "Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international (cross-border) newspapers and magazines is prohibited.

Internet communications

Internet communications (not sales)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion via the internet.

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

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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes billboards.

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

Point of sale advertising/promotion

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

Allowed
Analysis

Point of sale advertising and promotion is permitted in the law. The contents of permitted advertisements are subject to a number of conditions, including that they cannot depict images of minors, sports, or athletic activities, and cannot try to persuade the public the products are beneficial to health.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on all tobacco advertising and promotion, including at point of sale.

Point of sale product display

Allowed
Analysis

Neither the law nor the implementing decree addresses point of sale product display. Therefore, the law is interpreted as allowing tobacco product display at point of sale.

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

Conventional mail

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion by mail.

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

Telephone and cellular phone

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. The prohibition specifically includes tobacco advertising and promotion via text messages and “any other medium that is or may be used for the purposes of advertising.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephones and cellular phones.

Brand marking on physical structures

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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. This is interpreted as including brand marking other than on tobacco product packaging and labeling.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.

Free distribution of tobacco products

Banned
Analysis

The law specifically prohibits the delivery, supply, and distribution free of charge of any tobacco product, including samples for free distribution.

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.

Promotions with a tobacco product purchase

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)

Uncertain
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. However, it is uncertain whether the exception for in-store advertising would allow promotional practices such as discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase. Therefore, the regulatory status code “Uncertain” is given.

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

Competitions associated with tobacco products

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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Given the comprehensive definition of “advertising and promotion of tobacco,” 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

Some Restrictions
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Under this exception, direct person-to-person targeting of individuals is possible in stores and points of sale. Therefore, the regulatory status code “Some Restrictions” is given.

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

Brand stretching/trademark diversification

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

Banned
Analysis

The law prohibits “brand extension,” which is defined to include non-tobacco products or services using tobacco brand names or other distinctive features.

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

Reverse brand stretching or brand sharing

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Banned
Analysis

The law prohibits “generic trademarks for tobacco products.” “Generic trademark” is defined to include tobacco products using or being linked to a tobacco product or tobacco company.

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

Toys that resemble tobacco products

Allowed
Analysis

The law does not address the sale of toys that resemble tobacco products. The law is, therefore, interpreted as allowing the sale of toys that resemble tobacco products.

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

Candy that resembles tobacco products

Allowed
Analysis

The law does not address the sale of candy that resembles tobacco products. The law is, therefore, interpreted as allowing the sale of candy that resembles tobacco products.

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

Retailer incentive programs

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

Uncertain
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. However, it is uncertain whether the exception for in-store advertising would allow promotional practices such as retailer incentive programs. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited.

Paid placement of tobacco products in TV, film or other media

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Although the law does not address paid placement specifically, given the broad definition of “advertising and promotion of tobacco," the prohibition is interpreted to include paid placement of tobacco products in TV, film, or other media, as it is a communication and a commercial action for the purpose of promoting tobacco products.

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

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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Although the law does not address unpaid depiction specifically, given the broad definition of "advertising and promotion of tobacco," the prohibition is interpreted to include unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in TV, film, and other media.

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

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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship with the exception of advertising in stores and points of sale. Sponsorship of tobacco products is defined as “any form of contribution to any action, activity, or individual with the purpose, effect, or possible effect of directly or indirectly promoting a tobacco product or tobacco use.” Therefore, these provisions are interpreted as prohibiting all tobacco industry sponsorship of events, activities, individuals, organizations, and governments.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Banned
Analysis

The law prohibits all forms of tobacco sponsorship. Therefore, there can be no publicity of 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

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)

Banned
Analysis

The law prohibits to promote tobacco products on packs, packages, outer packaging and labeling in a false, misleading, or deceptive manner or in any way that may mislead with respect to their characteristics, effects, or health risks. Further, the law prohibits the use of terms, descriptive elements, trademarks or registered trademarks, and figurative symbols or symbols of another type that directly or indirectly create the false impression that a certain tobacco product is less harmful than others in relation to its content, risks or emissions, Specifically, the law bans the use of expressions such as: "low tar", "light", "ultra-light" or "soft" or similar.

However, the law does not otherwise address promotion by means that are false, misleading, or deceptive outside of packaging and labeling. Given that some forms of tobacco advertising and promotion are permitted (at stores and points of sales) and the law does not clearly prohibit these forms from being false, misleading, or deceptive, 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 by means that are false, misleading, deceptive, or likely to create an erroneous impression about characteristics, health effects, hazards, or emissions.