Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.
Domestic newspapers and magazines
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, tobacco advertising and promotion in other domestic print media (e.g., posters, flyers, signs) is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits tobacco advertising on TV and radio. However, the law does not explicitly ban tobacco advertising on international or cross-border TV and radio. Therefore, the regulatory status “uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion on international (cross-border) TV and radio.
International newspapers and magazines
The law prohibits tobacco advertising in newspapers and magazines. However, the law does not explicitly ban tobacco advertising in international (cross-border) newspapers and magazines. Therefore, the regulatory status “uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion in international (cross-border) newspapers and magazines.
Internet communications
Internet communications (not sales)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, tobacco advertising and promotion via internet is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.
Outdoor advertising (e.g., billboards, posters)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, outdoor advertising of tobacco products 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
Point of sale advertising/promotion (other than product displays)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, tobacco advertising and promotion at points of sale is prohibited.
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
Product displays at “trade sites” are prohibited. The law permits retailers to display only a black-and-white alphabetical list of tobacco products sold.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.
Conventional mail
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, advertising and promotion of tobacco products by conventional mail is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion by conventional mail.
Telephone and cellular phone
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, advertising and promotion of tobacco products by telephone and cellular phone is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion by telephone and cellular phone.
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)
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” Therefore, the use of distinctive words, designs, images, logos, sounds or color to promote tobacco products in entertainment venues, retail outlets, and on vehicles and equipment is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.
Free distribution of tobacco products
The law 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 (sales to and by minors) with respect to the 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)
The law prohibits the use of price discounts for tobacco products by any means, including coupons and vouchers.
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
Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not
The law specifically prohibits holding events (including lotteries, contests, and games) that require tobacco purchase. In addition, the law prohibits arranging or holding public events that directly or indirectly promote the purchase or consumption of tobacco products. These provisions, taken together with the ban on tobacco advertising, effectively prohibit 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 or brand names.
Direct person to person targeting of individuals
Handing out promotions materials directly to individuals is prohibited under the Law on Advertising, which bans advertising of tobacco products, including “information distributed in any manner, in any form and by any means.” The direct sale of tobacco products through person to person targeting is banned under Law 15-FZ, which permits the sale of tobacco only in stores and pavilions, and prohibits retail sale “at fairs or exhibitions, by itinerant or peddling trade.” Taken together, these provisions prohibit direct person to person marketing of tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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)
Law No. 15-FZ specifically prohibits the use of a tobacco trademarks on non-tobacco goods.
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)
The law prohibits selling or manufacturing non-tobacco products that imitate tobacco products. The law accordingly prohibits reverse brand stretching.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.
Toys that resemble tobacco products
The law specifically prohibits the use and imitation of tobacco products in the production of other types of goods that are non-tobacco products. 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
The law specifically prohibits the use and imitation of tobacco products in the production of other types of goods that are non-tobacco products. 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
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
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.
Paid placement of tobacco products in TV, film or other media
The Law on Advertising (as amended by Law 274-FZ) prohibits advertising of tobacco and tobacco products. The definition of advertising includes “information distributed in any manner, in any form and by any means.” In addition, the Law on Advertising prohibits the use of indirect advertising in radio, TV, audio, video, and motion pictures. Finally, Law No. 15-FZ prohibits the demonstration of tobacco products in newly produced audiovisual works (whether intended for children or adults), including television and video films; in theatrical and entertainment performances; in radio, television, video, and news programs; as well as the public performance, broadcasting, cable broadcasting, and in all other forms of public presentation. Each of these provisions prohibits paid placement of tobacco products. Taken together, all forms of paid placement are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.
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
The law prohibits the demonstration of tobacco products in newly produced audiovisual works (whether intended for children or adults), including television and video films; in theatrical and entertainment performances; in radio, television, video, and news programs; as well as the public performance, broadcasting, cable broadcasting, and in all other forms of public presentation. Demonstration of tobacco products or consumption of tobacco products is permitted solely for the purpose of informing the public about the harms of tobacco, and such audiovisual works must contain social advertising about the harms of consumption of tobacco immediately before or during the work.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary.
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)
The law prohibits all tobacco sponsorship, which is defined as “any type of contribution to any event, activity or individual, the purpose, result or probable result of which is the promotion of the sale of tobacco products or the consumption of tobacco directly or indirectly.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
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
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)
The law prohibits most forms of tobacco advertising and promotion. In addition, the Eurasian Economic Commission Technical Regulations for Tobacco Products (TR TC 035/2015) and Technical Regulations for Smokeless Tobacco Products, Federal Law No. 268-FZ prohibit misleading packaging and labeling, including the display of terms, descriptions, signs, symbols, or other designations that directly or indirectly create the false impression that a tobacco product is less harmful than other tobacco products. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to promotion of tobacco products by means that are false, misleading, or deceptive or that are likely to create an erroneous impression.
