Brazil

The law specifically bans "commercial advertising" of tobacco products by electronic media. Since TV, radio, and other broadcast media such as satellite and cable are forms of electronic media, they are covered by the ban.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic broadcast media.

The law prohibits "commercial advertising" of tobacco, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in domestic newspapers and magazines is covered by the ban. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

The law prohibits "commercial advertising" of tobacco, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in other domestic print media is covered by the ban.

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

The law specifically prohibits "commercial advertising" of tobacco products through electronic media. Since TV, radio, and other broadcast media such as satellite and cable are forms of electronic media, they are covered by the ban. The ban applies to advertising "in all of the national territory." Although the law does not explicitly apply the ban to international means of advertising and promotion, this clause makes it clear that all commercial advertising of tobacco products, regardless of origin, is prohibited in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV, radio, and other forms of media.

The law prohibits "commercial advertising" of tobacco products, with the exception of the display of tobacco products at points of sale. Tobacco advertising and promotion in newspapers and magazines is covered by the ban. The ban applies to advertising "in all of the national territory." Although the law does not explicitly apply the ban to international means of advertising and promotion, this clause makes it clear that all commercial advertising of tobacco products, regardless of origin, is prohibited in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

The law specifically bans "commercial advertising" of tobacco products "by electronic media, including the internet."

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

The law prohibits "commercial advertising" of tobacco products, with the exception of the display of tobacco products at points of sale. Outdoor advertising is covered under the ban.

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

The law prohibits “commercial advertising” of tobacco products, with the sole exception of the display of tobacco products at points of sale. Regulations further specify that “the use of posters, panels, bills or any device or visual, graphic, sound, sensory or movement or lighting device, either inside the display rack or case, or placed outside, that highlights products or a specific brand” is prohibited. Therefore, tobacco advertising and promotion, apart from the products themselves, at points of sale is prohibited under the law.

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

The law prohibits “commercial advertising” of tobacco products. However, the law makes an explicit exception for the display of tobacco products at points of sale, although the law places several restrictions on the display. Packs themselves are allowed to be displayed in display stands, but no other branding or advertising is permitted. Regulations further specify that “the use of posters, panels, bills or any device or visual, graphic, sound, sensory or movement or lighting device, either inside the display rack or case, or placed outside, that highlights products or a specific brand” is prohibited.

Each display stand must display a graphic health warning and a statement that sales to minors are prohibited (to occupy 20% of the surface area visible to the public), and a table of prices. Display stands may contain only tobacco products, the required health warnings, and price lists.

Tobacco product displays are required to be placed “as far as possible from candy, chewing gum, sweets, chocolates, ice cream and popsicles and toys.”

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

The law prohibits "commercial advertising" of tobacco products, which covers any advertising and promotion materials sent through the mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

The ban on "commercial advertising" of tobacco products through electronic media covers advertising and promotion by telephone and cellular phone since these are electronic means.

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

The law prohibits “commercial advertising” of tobacco products, with the sole exception of the display of tobacco products at points of sale. In addition, Resolution No. 558 of  2021 specifically prohibits “use of the brand name or element that identifies the brand of the product derived from tobacco, such as a logo, symbol, a slogan or character, on any product.” Therefore, brand marking is not permitted.

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

The law specifically prohibits the distribution of a tobacco product as a free sample.

The law therefore aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets FCTC Art. 16 (sales to and by minors) in this regard.

Resolution No. 558 of 2021 specifically prohibits “making the sale of other products, ... or of services of any nature conditional upon the purchase of smoking products derived from tobacco” and the distribution of “gifts relating to smoking products derived from tobacco.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, etc. in conjunction with a tobacco product purchase.

The ban on “commercial advertising” of tobacco products could be interpreted to ban competitions associated with tobacco products or brand names, whether requiring the purchase of tobacco products or not. Given the broad definition of “advertising” in Resolution No. 558 of 2021, the law is interpreted as prohibiting this type of promotional activity.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

The law prohibits "commercial advertising" of tobacco products, with the exception of the display of tobacco products at points of sale. The ban is interpreted as covering direct person to person communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person to person targeting.

The law prohibits “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. The ban is interpreted as covering brand stretching. Moreover, Resolution No. 558 of 2021 prohibits the use of a brand name or element on any product (with the exception of the product itself).

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

The law does not specifically address reverse brand stretching. However, given the broad definition of “advertising” in Resolution No. 558/2021, the law is interpreted as prohibiting reverse brand stretching.

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

The law prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products. As a result, 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.

Resolution No. 304 specifically prohibits the production, importation, sale, advertising, and distribution of foodstuffs resembling tobacco products. In addition, Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products.

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 specifically address payments or rewards to retailers.  

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs as a form of tobacco advertising, promotion and sponsorship. 

The law specifically bans indirectly contracted advertising in programs produced in Brazil.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement. 

Since the law specifically refers to indirectly contracted (paid) advertising without mentioning unpaid depictions, it is implied that only paid placement is prohibited.  

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32. 

The law prohibits sponsoring of cultural or sporting activities. Sponsoring is not defined so the scope of that provision is unclear. Regardless, other forms of financial contributions that promote tobacco use or tobacco products are not prohibited, such as “corporate social responsibility” programs or youth smoking prevention programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.

The law prohibits sponsoring of cultural or sporting activities. Sponsoring is not defined so the scope of that provision is unclear. Regardless, the law does not regulate other forms of sponsorship, such as sponsorship of individuals or donations to charities or youth smoking prevention programs. However, it is likely that publicity of such donations would not be allowed under the general ban on “commercial advertising,” which is defined broadly under Resolution No. 558 of 2021. Thus, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of sponsorship.

There is a comprehensive ban on “commercial advertising” of tobacco products, with the exception of the display of tobacco products at points of sale. In addition, packaging of tobacco products may not contain “sound devices, words, symbols, drawings, or images” that “create a false impression that one brand is less harmful to one’s health than another . . . [or] lead to erroneous conclusions concerning the characteristics and composition of the product and the health risks inherent to its use.” Together these provisions prohibit all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading or deceptive means.