Last updated: February 6, 2024
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising on TV and radio. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via domestic TV and radio. The law could be improved by removing the possibility of an exception to the ban.
Domestic newspapers and magazines
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising in printed press. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via domestic newspapers and magazines. The law could be improved by removing the possibility of an exception to the ban.
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 No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising in the form of posters in public thoroughfares. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via domestic print media. The law could be improved by removing the possibility of an exception to the ban.
International TV and radio (including all broadcast media such as satellite and cable)
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising on TV and radio. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international TV and radio. The law could be improved by removing the possibility of an exception to the ban.
International newspapers and magazines
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising in printed press. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international newspapers and magazines. The law could be improved by removing the possibility of an exception to the ban.
Internet communications
Internet communications (not sales)
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising on the internet. Therefore, the regulatory status code of "Banned" is given.
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 could be improved by removing the possibility of an exception to the ban.
Outdoor advertising (e.g., billboards, posters)
Law No. 040-2010/AN forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically bans tobacco advertising in the form of posters in public thoroughfares. Therefore, the regulatory status code of "Banned" is given.
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 could be improved by removing the possibility of an exception to the ban.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law provides an exemption to the general ban on tobacco advertising and promotion, which permits point-of-sale advertising and promotion by posting a sign designating a location as a point of sale and allowing advertising and promotion through posters within the point of sale, so long as they are not visible from the outside.
Internal tobacco industry documents show that point of sale advertising is important to the tobacco industry, especially when other forms of advertising and promotion are banned. Studies show that youth are especially vulnerable to point of sale advertising.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point-of-sale tobacco advertising and promotion.
Point of sale product display
The law specifically prohibits the display of tobacco products at points of sale, “except at points of sale authorized by regulatory provision.” To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco display. The law could be improved by removing the possibility of an exception to the ban.
Conventional mail
The law forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." This includes tobacco advertising and promotion via conventional mail. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail. The law could be improved by removing the possibility of an exception to the ban.
Telephone and cellular phone
The law forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." This includes tobacco advertising and promotion via telephone and cellular phone. To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT specifically prohibits tobacco advertising by mobile phone. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone. The law could be improved by removing the possibility of an exception to the ban.
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 No. 040-2010/AN contains a general prohibition of all advertising and promotion of tobacco products. Given the broad definition of “tobacco advertising and tobacco promotion,” brand marking is prohibited under the law as it constitutes a “commercial action having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.” The law contains an exception for spaces authorized by regulatory provision. To our knowledge, no regulations have been issued as of the date of this review. Moreover, Law No. 080-2015/CNT prohibits any advertising for "an agency, an office, an activity, a product or an article other than tobacco or a tobacco product" that reminds people of a tobacco product "through its graphic appearance." This is interpreted as covering brand marking. Therefore, the regulatory status code of "Banned" is given.
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 expressly prohibits the free distribution of tobacco products except in spaces authorized by regulatory provision. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
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 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 does not directly address promotional discounts, gifts, prizes, and rewards to consumers of tobacco products. However, the law contains a general prohibition of all tobacco advertising and promotion. Given the broad definition of “tobacco advertising and tobacco promotion,” promotional discounts, gifts, prizes and rewards to consumers in conjunction with a tobacco product purchase are prohibited under the law because they constitute a “commercial action having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.” In addition, the law specifically prohibits the distribution of gifts and advertising gadgets bearing the brand of a tobacco or tobacco products, except in spaces authorized by regulatory provision. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
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. The law could be improved by removing the possibility of an exception to the ban.
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 does not directly address competitions associated with tobacco products or brand names. However, the law contains a general prohibition of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and tobacco promotion,” competitions associated with tobacco products are prohibited under the law as they constitute a “commercial action having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.” The law contains an exception for spaces authorized by regulatory provision. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
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 could be improved by removing the possibility of an exception to the ban.
Direct person to person targeting of individuals
The law forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." This includes tobacco advertising and promotion via direct person-to-person communications. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals. The law could be improved by removing the possibility of an exception to the ban.
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. 040-2010/AN prohibits the use on any non-tobacco product or service of any images, logos, emblems, or other distinctive signs associated with a tobacco product. Moreover, Law No. 080-2015/CNT prohibits any advertising for "an agency, an office, an activity, a product or an article other than tobacco or a tobacco product" that reminds people of a tobacco product "through its graphic appearance," including the use of a brand, advertising emblem, or other distinctive sign. This is interpreted as covering 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 directly address tobacco products or services using non-tobacco brand names. However, the law contains a general prohibition of tobacco advertising and promotion. Given the broad definition of “tobacco advertising and tobacco promotion,” reverse brand stretching is prohibited under the law as it is a “commercial action having as its purpose, effect or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.” However, the law contains an exception for spaces authorized by regulatory provision. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
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 fabrication and/or sale of "candies, toys, or any other object with the shape or taste of tobacco or a tobacco product."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
Candy that resembles tobacco products
The law specifically prohibits the fabrication and/or sale of "candies, toys, or any other object with the shape or taste of tobacco or a tobacco product."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
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 forbids "[a]dvertising, including trans-boundary advertising and direct or indirect promotion in any form whatsoever for tobacco and tobacco products [...], except in the spaces authorized by regulatory provision." This provision is interpreted as covering retailer incentive programs. To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines because with respect to retailer incentive programs. The law could be improved by removing the possibility of an exception to the ban.
Paid placement of tobacco products in TV, film or other media
The law specifically bans "sponsorship or underwriting in any form of any activity of any kind whatsoever by the tobacco industry and its appendages." The law also bans "the use of images of tobacco for purposes of promotion, except in spaces authorized by regulatory provision." To our knowledge, no regulations have been issued as of the date of this review. Therefore, the regulatory status code of "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to sponsorship, underwriting and the use of images of tobacco for purposes of promotion. The law could be improved by removing the possibility of an exception to the ban.
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 specifically address unpaid depiction of tobacco products or use in the media. However, given the broad definition of “tobacco advertising and tobacco promotion,” the law is interpreted as prohibiting unpaid depiction of tobacco products or use under the general ban on tobacco advertising and promotion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction.
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 “sponsorship or underwriting in any form toward any activity of any kind whatsoever by the tobacco industry and its appendages.” Sponsorship is defined as any kind of contribution to any event, activity, or person having as its purpose, effect, or likely effect the direct or indirect promotion of a tobacco product or the use of tobacco.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products and 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)
There is no specific provision in the law that governs false or misleading advertising or promotion of tobacco products. Although the law generally bans all advertising and promotion of tobacco products, not all forms of tobacco advertising and promotion are prohibited (for example, advertising at points of sale). Therefore, the law should prohibit promotion by means that are false or misleading. Because the law bans the use of terms, descriptors, signs, or symbols that are misleading on tobacco product packaging and labeling, the regulatory status code “Some Restrictions” is assigned.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion by means that are false or misleading.
