Denmark

The law prohibits all forms of tobacco advertising with a few limited exceptions. Tobacco advertising and promotion on domestic TV and radio are not among the exceptions. Therefore, tobacco advertising and promotion on domestic TV and radio is banned.

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 all forms of tobacco advertising with a few limited exceptions. Tobacco advertising and promotion in domestic newspapers and magazines are not among the exceptions. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is banned.

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 all forms of tobacco advertising with a few limited exceptions. Tobacco advertising and promotion in domestic print media is not among the exceptions. Therefore, tobacco advertising and promotion in domestic print media is banned.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. Tobacco advertising and promotion in internet communication is not among the exceptions. Therefore, tobacco advertising and promotion in internet communications is banned. The ban is interpreted the ban to apply to cross-border communications.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. However, because the law does not explicitly address international or cross-border TV and radio advertising and promotion, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited.

The law prohibits all forms of tobacco advertising with a few limited exceptions. However, the law does not explicitly address international or cross-border newspaper and magazine advertising and promotion and provides an exception for publications printed and published in third countries if they are not intended primarily for the EU market. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international (cross-border) newspapers and magazines is prohibited.

The law prohibits all forms of tobacco advertising with a few limited exceptions. Outdoor advertising is not among the exceptions. Therefore, outdoor advertising is banned.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. Point of sale advertising and promotion is not among the exceptions. [Note: The point-of-sale exception contained in Act 1021 of 2008 was repealed by Act 2071 of 2020.] In addition, Order No. 570 of 2021 expressly prohibits direct and indirect advertising at point of sale. Only product price lists are allowed.

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 prohibits the visible placement and presentation of tobacco products at points of sale. Lists of the products and prices may be provided to buyers upon request. However, the law exempts from the ban the display of pipes online and the display of pipes, pipe tobacco, and cigars at physical points of sale specialized in the sale of these products. Therefore, the regulatory status “Some Restrictions” is given.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. Conventional mail is not among the exceptions. Therefore, tobacco advertising and promotion through conventional mail is banned.

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 all forms of tobacco advertising with a few limited exceptions. Telephone and cellular (mobile) phone are not among the exceptions. Therefore, tobacco advertising and promotion by telephone and cellular phone is banned.

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.

The law prohibits all forms of tobacco advertising with a few limited exceptions. The definition of “advertising” specifically includes the “use of a name, brand, symbol or other defining characteristics that are mainly associated with tobacco products in advertising pertaining to other products and services” and “use of a layout, design or certain color compositions that can be associated with specific tobacco products.” However, the law contains limited exceptions for the use of a name that, before December 12, 2000, has been used for both tobacco and other products, so long as the name is presented in a manner that is distinguishable from use on tobacco products. The law also permits the use of a name that is publicly associated with tobacco products to advertise other products or services, so long as the other product or service is only marketed in a limited geographical area. Therefore, 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 brand marking other than on tobacco product packaging and labeling.

The law expressly prohibits “any form of distribution aimed at promoting the sale of tobacco products . . . or that have this as a direct or indirect effect.” This is interpreted as banning the free distribution of tobacco products.

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

The Act 1021 of 2008 prohibits “any form of distribution aimed at promoting the sale of tobacco products . . . or that have this as a direct or indirect effect.” In addition, Act 965 of 2019 (the consolidated Tobacco Products Act) specifically prohibits the sale of retail tobacco products that contain coupons that offer rebates, free distribution, two-for-one offers or other similar offers. Taken together, these provisions prohibit promotions with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

The law prohibits all forms of tobacco advertising with a few limited exceptions. The definition of “advertising” is “any action for commercial purposes intended to promote the sale of tobacco products… or that have this as a direct or indirect effect.” Thus, any competition associated with a tobacco product– is banned.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. Direct person to person targeting of individuals is not among the exceptions. Therefore, direct person to person targeting of individuals is banned.

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 all forms of tobacco advertising with a few limited exceptions. The definition of “advertising” specifically includes the “use of a name, brand, symbol or other defining characteristics that are mainly associated with tobacco products in advertising pertaining to other products and services” and “use of a layout, design or certain color compositions that can be associated with specific tobacco products.” However, the law contains limited exceptions for the use of a name that, before December 12, 2000, has been used for both tobacco and other products, so long as the name is presented in a manner that is distinguishable from use on tobacco products. The law also permits the use of a name that is publicly associated with tobacco products to advertise other products or services, so long as the other product or service is only marketed in a limited geographical area. Therefore, 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 brand stretching and trademark diversification.

The law prohibits all forms of tobacco advertising with a few limited exceptions. The definition of “advertising” specifically includes the “marketing of tobacco products using a brand that is publicly known or applied as a brand on other products or services.” However, the law contains limited exceptions for the use of a name that before December 12, 2000 has been used for both tobacco and other products, so long as the name is presented in a manner that is distinguishable from use on tobacco products. The law also permits the use of a name that is publicly associated with tobacco products to advertise other products or services, so long as the other product or service is only marketed in a limited geographical area. Therefore, 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 reverse brand stretching or brand sharing.

The law does not expressly prohibit the sale of toys that resemble tobacco products. Therefore, the law is interpreted as allowing the sale of toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit toys that resemble tobacco products.

The law does not expressly prohibit the sale of candy that resembles tobacco products. Therefore, the law is interpreted as allowing the sale of candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit candy that resembles tobacco products.

The law prohibits “any form of distribution aimed at promoting the sale of tobacco products . . . or that have this as a direct or indirect effect.” This provision is interpreted as prohibiting retailer incentive programs.

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

The law prohibits all forms of tobacco advertising with a few limited exceptions. Paid placement of tobacco products is not among the exceptions. Therefore, paid placement of tobacco products in TV, film, and other media is banned.

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

The law does not address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Therefore, the law is interpreted as allowing such unpaid depiction.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media that does not serve a legitimate purpose.

The law prohibits tobacco sponsorship, which is defined in accordance with the definition in the FCTC.

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

The law prohibits all tobacco industry sponsorship. Therefore, there can be no publicity of tobacco industry sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry.

The law contains a comprehensive ban on tobacco advertising, with a few limited exceptions. The law also prohibits tobacco product packaging that gives a false impression of the product's characteristics, effects, risks, or emissions, and packaging that gives the impression that a specific tobacco product is less harmful than others or are intended to reduce the impact of certain harmful constituents in the smoke. Taken together, these provisions effectively ban all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about health effects.

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.