Brunei Darussalam

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "transmitting sound or light, whether for aural or visual reception or both" to induce, expressly or indirectly, the use of tobacco or a product. Therefore, tobacco advertising and promotion via domestic TV and radio is prohibited.

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.

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification ... to the public ... made ... in writing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via domestic newspapers and magazines is prohibited.

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.

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via domestic print media is prohibited.

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

The Tobacco Order 2005 prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." This ban applies to domestic TV and radio. The law is silent as to TV and radio advertisements originating outside Brunei, although it provides a limited exemption for newspapers published outside Brunei. On one hand, it could be argued that the law bans cross-border TV and radio advertising because it does not set out an exemption for such advertising (as with print). However, on the other hand, it could be argued that the law intends to exempt cross-border TV and radio advertising because it does not specifically address the circumstances of its prohibition (as with print). Therefore the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit tobacco advertising and promotion on international TV and radio originating outside Brunei.

The Tobacco Order 2005 prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." This ban includes a ban on tobacco advertising in domestic newspapers and magazines. Section 21 of the law provides a limited exemption to the ban for tobacco advertisements in newspapers and magazines published outside Brunei. However, this exemption to the ban does not apply: a) if the foreign publication forms part of, or is supplemental to, a publication published in Brunei, or b) if the foreign publication is supplied or distributed to a purchaser or subscriber of any publication published in Brunei. The exemption also does not apply to a foreign publication "printed or published outside Brunei Darussalam and brought into Brunei Darussalam for distribution solely or mainly for the purpose of announcing or commending the qualities of any brand of tobacco product." Because tobacco advertising is permitted in some international newspapers and magazines, 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 tobacco advertising published in international newspapers and magazines and brought into Brunei.

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "transmitting sound or light, whether for aural or visual reception or both," any announcement made in writing, or "in any other manner whatsoever" to induce, expressly or indirectly, the use of tobacco or a tobacco product. The definition is interpreted as covering internet communications, and therefore, tobacco advertising and promotion via internet communications is prohibited.

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via outdoor advertising is prohibited.

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. There is no exemption to the ban at point of sale. Therefore, point of sale tobacco advertising and promotion is prohibited.

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

The law does not explicitly address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.

(However, it should be noted that the law prohibits tobacco advertising and promotion and includes broad definitions of these terms. Therefore, it may be possible that the law could be interpreted as prohibiting point of sale product display because, pursuant to paragraph 12 of the FCTC Art. 13 Guidelines, “Display of tobacco products at points of sale in itself constitutes advertising and promotion.”)

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement" when read with the definition of "advertisement," is also broad. The definition includes any announcement made in writing, and specifically, "any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation, to the public or any section thereof or to any person" to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion sent through conventional mail, which necessarily involves circulars, pamphlets, brochures, or other written documents, is prohibited.

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification or intimation, to the public or any section thereof or to any person made . . . orally . . ." to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, tobacco advertising and promotion via telephone and cellular phone, which necessarily involves an oral announcement, notification, or intimation, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone or cellular phone.

The law prohibits publishing, displaying, selling, or distributing a "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any writing on any vehicle or any other object or thing" and "any poster, placard, notice or other document affixed . . . on any other object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. In addition, the definition of "tobacco product advertisement" specifically includes any advertisement "which mentions, illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, brand marking on physical structures and vehicles, which uses distinctive words, designs, images, logos, sounds or colors to promote tobacco products, is prohibited.

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

The Tobacco Order 2005 prohibits the distribution of "any free sample of a tobacco product to the public or any section of the public," other than those associated with the tobacco industry.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to minors) with respect to free distribution of tobacco products.

The law prohibits the sale or offer for sale of: (a) any goods with any tobacco product as a free gift; (b) any tobacco product with any other goods as a free gift; or (c) any tobacco product packaged or labeled together or otherwise in conjunction with any other goods. Therefore, gifts, prizes, and rewards in conjunction with a tobacco product purchase are prohibited. However, promotional discounts are not specifically prohibited. Therefore, the regulatory status "Some Restrictions" is given, rather than "Banned."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit promotional discounts, as well as gifts and prizes.

The Tobacco Order 2005 prohibits "offer[ing] or giv[ing] any tobacco product as a prize in any lottery, raffle, draw, game or competition." In addition, the ban on tobacco advertising prohibits competitions associated with tobacco products, regardless of whether tobacco products are given as prizes or purchased. Specifically, the law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition of "tobacco product advertisement" specifically includes any advertisement "which mentions, illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, competitions using tobacco product brand names, manufacturer names, trademarks or logos are prohibited. In addition, such competitions violate the ban on tobacco sponsorship in Sec. 8 of the law.

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

The law prohibits publishing, displaying, selling, or distributing "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any announcement, notification or intimation, to the public or any section thereof or to any person made . . . orally . . ." to induce, expressly or indirectly, the use of tobacco or a tobacco product. Therefore, direct person to person targeting of individuals, which necessarily involves an oral announcement, notification, or intimation to a person, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person to person targeting of individuals.

The law prohibits publishing, displaying, selling, or distributing a "tobacco product advertisement." The definition of "publish" is broad and includes "issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever." The definition of "tobacco product advertisement," when read with the definition of "advertisement," is also broad. The definition includes "any writing on any . . . object or thing" to induce, expressly or indirectly, the use of tobacco or a tobacco product. In addition, the definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product or "pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product." Therefore, brand stretching, which involves depicting tobacco brand names and logos, is prohibited.

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

The law does not specifically address reverse brand stretching. It is arguable whether reverse brand stretching falls within the definition of “tobacco product advertisement,” thereby falling under the ban on tobacco product advertising. Therefore the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching. In addition, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in FCTC Art. 1.

The Tobacco Order 2005 states: "No person shall import, sell or offer for sale, any confectionery or other food product, or any toy or other article, that is designed to resemble a tobacco product or which is sold in a package designed to resemble the packaging commonly associated with 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.

The Tobacco Order 2005 states: "No person shall import, sell or offer for sale, any confectionery or other food product, or any toy or other article, that is designed to resemble a tobacco product or which is sold in a package designed to resemble the packaging commonly associated with 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.

The law prohibits tobacco sponsorship. Specifically, the law prohibits “any contract, agreement, undertaking or understanding” to “promote a tobacco product . . . in exchange for any sponsorship, gift, prize, reward, scholarship or like benefit.” Retailer incentive programs are banned under this provision as they entail agreements to promote tobacco products in exchange for some benefit.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

The law prohibits the sale of any "film or video or any other thing that contains a tobacco product advertisement." The definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product. Therefore, paid placement of tobacco products, which involves depicting tobacco brand names and logos in TV and film and other media ("transmitting light and sound"), is prohibited.

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

The law prohibits the sale of any "film or video or any other thing that contains a tobacco product advertisement." The definition of "tobacco product advertisement" specifically includes any advertisement that "illustrates or depicts" a name, brand name, trade name, or trademark of a tobacco product. Therefore, the law is interpreted as prohibiting unpaid depiction of a tobacco product in a film, video or other entertainment media. However, it is not clear that unpaid depiction of tobacco use is prohibited. Therefore the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit both unpaid depiction of tobacco use and unpaid depiction of tobacco products.

The law prohibits any contract, agreement, undertaking or understanding, whether legally binding or otherwise, that promotes a tobacco product in exchange for any sponsorship, gift, prize, reward, scholarship or like benefit.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other contributions that promote tobacco products; however, the law does not include contributions that promote tobacco usage not associated with a particular tobacco product. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should also prohibit contributions that promote tobacco usage.

The law prohibits all contributions that promote a tobacco product, so publicity of those contributions is also prohibited. The law does not prohibit contributions that promote tobacco usage not associated with a particular product. However, the law also broadly prohibits all forms of tobacco product advertising, which includes display of the name of tobacco products, manufacturers, distributors or marketers, as well as pictorial devices associated with such names. Therefore, in effect, all publicity of tobacco sponsorships is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. For better clarity, the law should prohibit all tobacco sponsorship and publicity thereof.

The law contains a comprehensive ban on tobacco advertising, promotion and sponsorship. 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 respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.