Democratic Republic of the Congo

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in audiovisual and communication media and press outlets. This is interpreted as prohibiting tobacco advertising on domestic TV and radio.

The law aligns FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in “written” and “communication” media. This is interpreted as prohibiting tobacco advertising in domestic 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.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising through signs; banners; umbrellas; distributed printouts; illuminated signs; writing and images on vehicles and any other machines and on walls; “written” media; and “communication” media. This is interpreted as prohibiting tobacco advertising through domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in audiovisual and communication media and press outlets. In addition, the law specifically prohibits any cross-border advertising. Therefore, tobacco advertising on international TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to international TV and radio.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in “written” and “communication” media. In addition, the law specifically prohibits any cross-border advertising. Therefore, tobacco advertising in international newspapers and magazines is prohibited.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in audiovisual and communication media and press outlets. This is interpreted as including internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising through signs; banners; distributed printouts; illuminated signs; writing and images on vehicles and any other machines and on walls; “written” media; and “communication” media. This is interpreted as prohibiting outdoor advertising.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the promotion of tobacco products at points of sale. Therefore, point of sale advertising and promotion is banned.

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 specifically address point of sale product display. Therefore, the law is interpreted as allowing tobacco product display at the point of sale.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising through distributed printouts and “written” media, which would include any advertisement material sent via conventional mail. Because tobacco advertising by conventional mail necessarily involves written/printed materials, tobacco advertising by conventional mail is prohibited.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the dissemination of advertising in audiovisual and communication media. This is interpreted as including telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular phone is prohibited.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. The ministerial order defines “indirect advertising” to include any graphic design or presentation or the use of a brand or advertising symbol or any other distinctive sign. Further, the ministerial order specifically prohibits the dissemination of advertising through signs; banners; umbrellas; distributed printouts; illuminated signs; writing and images on vehicles and any other machines and on walls; “written” media; and “communication” media. Together, these provisions are interpreted as prohibiting the promotion of tobacco products by brand marking.

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

The ministerial order specifically prohibits the free distribution of tobacco products.

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.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits providing any type of consideration for the purchase of a tobacco product, including discounts; gifts; bonuses; prizes; or eligibility to participate in a drawing, lottery or contest.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes and rewards to consumers.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits offering or giving the right to participate in a contest in exchange for the purchase of a tobacco product. Although the law does not directly address competitions associated with tobacco products or brand names that do not require the purchase of a tobacco product, the law is interpreted as prohibiting such competitions under the general prohibition on tobacco advertising and promotion. Therefore, the regulatory status code "Banned" is given.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits the promotion of products through any communication media. This is interpreted broadly to prohibit direct person-to-person targeting of individuals.

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 and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits brand stretching.

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

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Further, the ministerial order specifically prohibits brand sharing.

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

The ministerial order specifically prohibits the sale of toys that resemble a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The ministerial order specifically prohibits the sale of candy that resembles a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. However, the law does not specifically address retailer incentive programs. The regulatory status code "Uncertain" accordingly has been given for this category as it is unclear whether the law prohibits tobacco advertising and promotion via retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion via retailer incentive programs is prohibited. The law further should define the term "tobacco advertising and promotion" in accordance with FCTC Art. 1(c).

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Paid placement falls within the definition of “indirect advertising” as it is a communication and a commercial contribution for the purpose of promoting tobacco products. Further, the order specifically prohibits the dissemination of advertising in audiovisual and communication media. Because paid placement occurs through such media and is captured under the definition of “indirect advertising,” these provisions are interpreted as prohibiting the paid placement of tobacco products in TV, film, or other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in media. However, to clarify the scope of the ban on tobacco advertising and promotion and to aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. Unpaid depiction falls within the definition of “indirect advertising” as it is a communication for tobacco. Further, the order specifically prohibits the dissemination of advertising in audiovisual and communication media. Because unpaid depiction occurs through such media and is captured under the definition of “indirect advertising,” these provisions are interpreted as prohibiting tobacco advertising and promotion via unpaid depiction of tobacco use or tobacco products in media that do not serve a legitimate purpose.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in media. The law further should define the term "tobacco advertising and promotion" in accordance with FCTC Art. 1(c).

The law and implementing ministerial order broadly prohibit tobacco advertising, promotion, and sponsorship. The definition of “promotion and advertising of tobacco, tobacco products and derived products” is defined in accordance with the FCTC definition of "tobacco sponsorship."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, or governments.

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.

The law prohibits all forms of tobacco advertising, promotion and sponsorship; therefore, there can be no false or misleading advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to misleading promotion.