Last updated: August 7, 2024
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits tobacco advertising and promotion "in all forms," and specifically prohibits radio and TV broadcasts.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio advertising and promotion.
Domestic newspapers and magazines
The law prohibits tobacco advertising and promotion "in all forms," and specifically prohibits "publications in the print press"; therefore, 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 newspaper and magazine advertising and promotion.
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 prohibits tobacco advertising and promotion "in all forms," and specifically prohibits "publications in the print press," on "billboards, leaflets or signs," and "any other means of communication intended to be seen, read or understood by more than one person at a time." Therefore, advertising and promotion in other domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media advertising and promotion.
International TV and radio (including all broadcast media such as satellite and cable)
Although the law prohibits tobacco advertising and promotion by TV and radio broadcast, the law does not specifically address advertising and promotion via international or cross-border 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 explicitly prohibit tobacco advertising and promotion on international as well as domestic TV and radio.
International newspapers and magazines
Although the law prohibits tobacco advertising and promotion in newspapers and magazines, the law does not specifically address advertising and promotion in international or cross-border 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 prohibit tobacco advertising and promotion in international as well as domestic newspapers and magazines.
Internet communications
Internet communications (not sales)
The law prohibits tobacco advertising and promotion "in all forms," and specifically prohibits "publications . . . on internet sites."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion through internet communications.
Outdoor advertising (e.g., billboards, posters)
The law prohibits tobacco advertising and promotion "in all forms," and specifically prohibits "posted messages on advertising billboards, leaflets or signs." Therefore, outdoor advertising 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 prohibits tobacco advertising and promotion "in all forms," including printed material and "any other means of communication intended to be seen, read or understood by more than one person at a time." There is no exemption for point of sale advertising and promotion. Therefore, point of sale advertising and promotion 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
The law prohibits the "direct display of tobacco products, tobacco derivatives or similar items on shelves, stands or other mobile sales displays."
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 prohibits tobacco advertising and promotion "in all forms," and specifically prohibits messages on " leaflets" and "any other means of communication intended to be seen, read or understood by more than one person at a time." Tobacco advertising by conventional mail usually involves "leaflets" and therefore the law could be interpreted as prohibiting advertising by conventional mail. However, the clause "any other means of communication intended to be seen, read or understood by more than one person at a time" suggests that advertising targeted to an individual through conventional mail may be permitted. Due to this ambiguity, 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 advertising through conventional mail is prohibited.
Telephone and cellular phone
The law prohibits tobacco advertising and promotion "in all forms," including some specifically enumerated types of advertising and promotion. Due to the general prohibition on "all forms" of advertising, the law could be interpreted as prohibiting advertising and promotion by telephone and cellular (mobile) phone. However, the law's catchall provision, which bans, in addition to specified forms of advertising, "any other means of communication intended to be seen, read or understood by more than one person at a time," suggests that advertising targeted to individuals through telephone and cellular phone may be permitted. Due to this ambiguity, 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 advertising through telephone and cellular phone is prohibited.
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 prohibits tobacco advertising and promotion "in all forms," including on "motorbikes, cars or any other vehicles on wheels, parasols, sales booths, displays or gift boxes," and "any other means of communication intended to be seen, read or understood by more than one person at a time." In addition, the law prohibits "advertising or publicity for an article or product other than tobacco . . . that, by its shape, color, graphic appearance, vocabulary or by any other means, calls to mind tobacco . . . ." Taken together, these provisions prohibit brand marking.
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 meets FCTC Art. 16 and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines 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 "promotional sale of tobacco, its derivatives or similar items." This is interpreted as prohibiting promotions with a tobacco product purchase.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
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 prohibits tobacco advertising and promotion "in all forms," and also prohibits any manufacturer or seller of tobacco "to sponsor, underwrite, finance, either directly or indirectly, activities of a social athletic or cultural nature." These provisions, taken together, are 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
The law prohibits tobacco advertising and promotion "in all forms," including some specifically enumerated types of advertising and promotion. Due to the general prohibition on "all forms" of advertising, the law could be interpreted as prohibiting advertising and promotion by direct person-to-person targeting of individuals. However, the law's catchall provision, banning "any other means of communication intended to be seen, read or understood by more than one person at a time," suggests that advertising targeted to an individual may be permitted. Due to this ambiguity, 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 direct person-to-person targeting of individuals is prohibited.
Brand stretching/trademark diversification
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)
The law prohibits "advertising or publicity for an article or product other than tobacco, its derivatives or similar items that, by its shape, color, graphic appearance, vocabulary or by any other means, calls to mind tobacco or its derivatives or similar items." This is interpreted as prohibiting brand stretching.
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 does not prohibit or address reverse brand stretching or brand sharing. Therefore, the law is interpreted as allowing reverse brand stretching or brand sharing.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit reverse brand stretching or brand sharing.
Toys that resemble tobacco products
The law prohibits the manufacture, import, and sale of candy, toys, and other articles in the shape of a package of tobacco products. Because this provision is limited to those things in the shape of a “package” of tobacco products but not necessarily tobacco products themselves, 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 candy, toys, and other articles that resemble tobacco products, in addition to those resembling tobacco packaging.
Candy that resembles tobacco products
The law prohibits the manufacture, import, and sale of candy, toys, and other articles in the shape of a package of tobacco products. Because this provision is limited to those things in the shape of a “package” of tobacco products but not necessarily tobacco products themselves, 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 candy, toys, and other articles that resemble tobacco products, in addition to those resembling tobacco packaging.
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 prohibit or 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 explicitly prohibit retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The law prohibits tobacco advertising and promotion "in all forms," including in "radio and TV broadcasts" and "any other means of communication intended to be seen, read or understood by more than one person at a time." Given the broad definition of “tobacco advertising and promotion” (including "any commercial action"), this ban is interpreted to include paid placement of tobacco products in TV, film and other media.
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
The law does not prohibit or address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Therefore, unpaid depiction of tobacco use or products that does not serve a legitimate purpose is allowed.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco products or use in television, film, and other media that does not serve a legitimate purpose.
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)
Article 11 prohibits tobacco sponsorship or underwriting in "all forms." Article 13 goes on to state that sponsorship, underwriting, and financing, "either directly or indirectly, of activities of a social, athletic or cultural nature" are prohibited. This provision could be interpreted as prohibiting these forms of sponsorship but allowing sponsorship of organizations, governments, or corporate social responsibility programs. However, given the broad definition of “sponsoring” as “any public or private contribution granted to a third party in relation to an event, a team or an activity,” the provision in Art. 11 is interpreted as broad enough to prohibit all tobacco sponsorship, including sponsorship of organizations, governments, and activities other than those addressed in Art. 13. Therefore, the regulatory status code “Banned” is given.
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
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 nearly all forms of tobacco advertising and promotion, as well as packaging and labeling that gives an erroneous impression of characteristics, health effects, risks or emissions (including terms such as “low in tar content,” “light,” “ultra-light,” “mild”). Taken together, these provisions prohibit all promotion by means that are false, misleading, deceptive or likely to create an erroneous impression about a tobacco products characteristics, health effects, hazards, or emissions.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
