Last updated: February 3, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Implementing Decree 602 specifically prohibits advertising and promotion in graphic and audiovisual communication, including television.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.
Domestic newspapers and magazines
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Implementing Decree 602 specifically prohibits advertising and promotion in graphic and audiovisual communication, including newspapers and magazines.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium.
Implementing Decree 602 specifically prohibits advertising and promotion in graphic communications, which includes domestic print media, such as pamphlets, leaflets, flyers, posters, and signs. There is a limited exemption for direct communication that uses such print media; however, because this is discussed in the category "direct person to person targeting of individuals", the regulatory status code "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
Law 26687 prohibits tobacco advertising via any broadcast or communications medium. Implementing Decree 602 makes clear that the ban includes tobacco advertising and promotion "[o]riginating from other countries but that are broadcast or somehow appear in the ARGENTINE REPUBLIC." Therefore, tobacco advertising and promotion via international TV and radio are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to international TV and radio.
International newspapers and magazines
Law 26687 prohibits tobacco advertising via any broadcast or communications medium. Implementing Decree 602 makes clear that the ban includes tobacco advertising and promotion "[o]riginating from other countries but that are broadcast or somehow appear in the ARGENTINE REPUBLIC." Therefore, tobacco advertising and promotion via international newspapers and magazines is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to tobacco advertising in international newspapers and magazines.
Internet communications
Internet communications (not sales)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Implementing Decree 602 specifically prohibits advertising and promotion in internet and other digital media. Therefore, tobacco advertising and promotion through internet communications is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via internet communications.
Outdoor advertising (e.g., billboards, posters)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Implementing Decree 602 makes clear that this ban applies to tobacco advertising and promotion "in the public thoroughfare," and therefore includes outdoor advertising.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
Law 26687 exempts point of sale advertising and promotion from the general ban on tobacco advertising and promotion. However, implementing Decree 602 places restrictions on this exemption, providing that "[t]he only thing that will be allowed is the placement of a sign for each manufacturer or importer that is to contain nothing more than a list with the brand, the logo and the price of their tobacco products, and another sign intended for the promotion of said products." The signs must be 30cm x 30cm, two dimensional and static (no illumination), and must not be seen from outside the point of sale. The signs must carry health warnings that occupy 20% of the surface area. All other advertising at point of sale is prohibited, and Decree 602 specifically prohibits at point of sale: 1) direct or indirect incentives to stimulate purchase, 2) use of brands or logos for non-tobacco products on tobacco products, and 3) the sale or display of non-tobacco products that contain text, photos, images or logos associated with tobacco products.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, only the textual listing of products and their prices, without any promotional elements (such as logos), should be allowed.
Point of sale product display
The law and implementing decree do not address 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, including the visibility of tobacco products, at point of sale.
Conventional mail
Law 26687 provides an exemption to the tobacco advertising ban for “direct communication to those over the age of eighteen (18), provided that their prior consent has been obtained and their age has been verified.” Implementing Decree 602 places several restrictions on the exempted communication, including that direct communications must have exclusively informational content. Prior approval must be: (1) obtained for each brand and each advertising action; (2) renewed annually; (3) recorded by manufacturers or importers with information on identification and age. Therefore, tobacco advertising and promotion delivered through conventional mail is permitted, subject to all of the above restrictions.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including all direct communication via conventional mail.
Telephone and cellular phone
Law 26687 provides an exemption to the advertising ban for “direct communication to those over the age of eighteen (18), provided that their prior consent has been obtained and their age has been verified.” Implementing Decree 602 places several restrictions on the exempted communication, including that direct communications must have exclusively informational content. Prior approval must be: (1) obtained for each brand and each advertising action; (2) renewed annually; (3) recorded by manufacturers or importers with information on identification and age. Therefore, tobacco advertising and promotion by telephone and cellular phone is permitted, subject to all of the above restrictions.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including all direct communication via 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)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium.
Decree 602 further elaborates that this ban includes any tobacco advertising and promotion "in the public thoroughfare, and in spaces of public use, such as showplaces, restaurants, bars, discotheques, gaming rooms, malls or any other type of place or establishment used by the public." Tobacco advertising and promotion is broadly defined to include any commercial action with the purpose, effect, or likely effect of promoting tobacco use or products. Brand marking of public spaces or things in the public thoroughfare, such as venues, retail outlets, vehicles or other structures, with word, designs, or images associated with tobacco products is a commercial action aimed at promoting tobacco. Therefore, this action is prohibited under the general advertising ban.
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 to minors under the age of 18. Implementing Decree 602 further prohibits, as a form of advertising, "giving a tobacco product to another person for promotional purposes, free of charge, such as a sample, gift, or in exchange for another product, among other things."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 with respect to free distribution.
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)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Under this advertising ban, implementing Decree 602 specifically prohibits: "The use of direct or indirect incentives to stimulate the purchase or consumption of tobacco products or to promote such products, such as offering promotional discounts, giving gifts, or holding contests or competitions associated with tobacco products or the right to participate in them, among other things." The Decree further notes that the list of prohibited types of advertising and promotion "is by way of illustration" and is not exhaustive. Therefore, all types of promotional discounts, gifts, and prizes in conjunction with a tobacco product purchase are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, and prizes 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
Law 26687 prohibits tobacco brand name sponsorship of any public activity or event. Under this advertising ban, implementing Decree 602 specifically prohibits "holding contests or competitions associated with tobacco products or the right to participate in them, among other things."
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
Law 26687 provides an exemption to the tobacco advertising ban for “direct communication to those over the age of eighteen (18), provided that their prior consent has been obtained and their age has been verified.” Implementing Decree 602 places several restrictions on the exempted communication, including that direct communications must have exclusively informational content. Prior approval must be: (1) obtained for each brand and each advertising action; (2) renewed annually; (3) recorded by manufacturers or importers with information on identification and age. In addition, enforcement authorities are to have access to such records at any time, and may verify their authenticity. Due to this limited exemption, 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 direct person to person marketing.
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 26687 prohibits the sale, distribution and promotion of non-tobacco products that carry logos, emblems or brand names of tobacco products. Implementing Decree 602 likewise prohibits "the sale, display for sale, delivery or publication of products or services without tobacco that contain, both in the product as well as in the advertising for the product, any text, photo, image, graphic, message or other item, in whole or in part, that is commonly identified or associated with, or that tends to be or is intended to be identified or associated with a product, brand or manufacturer of tobacco." Therefore, brand stretching is 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
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Under this advertising ban, implementing Decree 602 specifically prohibits "the use of brands or logos for non-tobacco products on tobacco products." Therefore, reverse brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.
Toys that resemble tobacco products
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Under this advertising ban, implementing Decree 602 specifically prohibits "toys, edibles or candies and the like associated with tobacco consumption."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale or distribution of toys or candy that resemble tobacco products.
Candy that resembles tobacco products
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Under this advertising ban, implementing Decree 602 specifically prohibits "toys, edibles or candies and the like associated with tobacco consumption."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale or distribution of toys or candy that resemble 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
Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium. Retailer incentive programs fall within the definition of “advertising and promotion of products made with tobacco” because they are a form of “commercial action for the purpose . . . of directly or indirectly promoting the consumption of products prepared with tobacco.” In addition, under this advertising ban, implementing Decree 602 specifically prohibits "the use of direct or indirect incentives to stimulate the purchase or consumption of tobacco products or to promote such products." This prohibition is interpreted as including retailer incentive programs.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
Paid placement falls within the definition of tobacco advertising and promotion, as it is a communication and a commercial action for the purpose of promoting tobacco products. Therefore, paid placement of tobacco products in TV, film, and other media is banned under the comprehensive ban on tobacco advertising and promotion in Art. 5 of the law.
Further, implementing Decree 602 specifically states that "broadcast by audiovisual media of images that incite tobacco consumption, or of actors who are role models for children or young people who are smoking, can be considered to be in violation of Articles 70 and 71 of Law Nº 26.522 for Audiovisual Communication Services." Article 70 of this law prohibits programming that is "harmful to human dignity or lead[s] to detrimental behaviours against the environment or the human health and integrity of children or youth." Therefore, paid placement of tobacco products in TV, film, or other media is prohibited under Law No. 26522 as well. (See http://www.afsca.gob.ar/ley-de... in Spanish and
in English.)
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
Article 5 of Law 26687 prohibits advertising and promotion of tobacco products through any broadcast or communications medium.
Further, implementing Decree 602 specifically states that "broadcast by audiovisual media of images that incite tobacco consumption, or of actors who are role models for children or young people who are smoking, can be considered to be in violation of Articles 70 and 71 of Law Nº 26.522 for Audiovisual Communication Services." Article 70 of this law prohibits programming that is "harmful to human dignity or lead[s] to detrimental behaviours against the environment or the human health and integrity of children or youth." Therefore, unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media is prohibited under Law No. 26522 as well. (See http://www.afsca.gob.ar/ley-de... in Spanish and
in English.)
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco products or tobacco use.
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, read in its entirety, prohibits all contributions to any event, activity, individual, or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use, directly or indirectly. The law prohibits manufacturers or distributors of tobacco products from brand name promotion and sponsorship of any type of activity or public event. The law also prohibits sponsorship of tobacco products through any broadcast or communications medium. The definition of tobacco sponsorship in the law includes: any form of contribution to any action, activity, individual, or legal entity, public or private, with the goal or for the purpose of promoting the brand name of a tobacco product. Decree 602 clarifies that tobacco sponsorship is prohibited regardless of whether product brand names are used during the promotion, or whether the patronage was made through a third party. Together, therefore, these provisions are interpreted as prohibiting all financial or other contributions by the tobacco industry, including “corporate social responsibility” programs and youth prevention programs.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products or tobacco usage.
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)
Law 26687 contains a comprehensive ban on tobacco advertising and promotion, subject to some limited exemptions contained in Art. 6. Implementing Decree 602 provides that any permitted advertising and promotion “should not include descriptive statements or elements, brands, figurative signs or phrases, that have the effect, directly or indirectly, of creating the false, mistaken or deceptive impression that a particular tobacco product is less harmful than another product, or that are misleading with respect to their characteristics, effects on health, risks or emissions.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of the product.
