Ecuador

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to domestic TV and radio. Therefore, tobacco advertising and promotion is prohibited on domestic TV and radio.

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. However, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to domestic newspapers and magazines. Therefore, tobacco advertising and promotion is prohibited in domestic newspapers and magazine.

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. However, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law prohibits tobacco advertising and promotion in print media, such as pamphlets, leaflets, flyers, posters and signs, with the following exceptions: 1) tobacco advertising is permitted inside places that may be accessed by adults (18+ years) only, provided such advertising is not visible from outside the establishment, the advertising occupies a maximum of one square meter, and the advertising is not aimed at children and does not reference sports, artistic, cultural, sexual or social success, wellbeing or health; and 2) tobacco advertising is permitted through direct communication by email or postal services, so long as the adult consumer asks to receive information in writing, and her/his being of majority age is verified.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of printed tobacco advertisements with no exceptions. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Although the Organic Law generally prohibits tobacco advertising and promotion through all forms of media, including TV and radio, the law does not state whether it applies to international or cross-border media. Therefore, it is uncertain whether the ban on tobacco advertising and promotion applies to international TV and radio.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that cross-border tobacco advertising, promotion and sponsorship is prohibited, as well as domestic tobacco advertising, promotion and sponsorship. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Although the Organic Law generally prohibits tobacco advertising and promotion through all forms of media, including newspapers and magazines, the law does not state whether it applies to international or cross-border media. Therefore, it is uncertain whether the ban on tobacco advertising and promotion applies to international newspapers and magazines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that cross-border tobacco advertising, promotion and sponsorship is prohibited, as well as domestic tobacco advertising, promotion and sponsorship. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising and promotion in all mass media. However, the law provides an exemption for direct communication by email or postal service, provided that the adult consumer has asked to receive such information in writing and the consumer’s age has been verified as above 18 years. The law is interpreted as prohibiting other forms of internet communications, such as advertisements on websites. Because of the exemption from the advertising ban for direct communication by email, 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 forms of tobacco advertising and promotion, including direct communication by email. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions that do not apply to outdoor advertising. Therefore, tobacco advertising and promotion is prohibited through outdoor advertising.

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

The law provides an exemption to the general ban on tobacco advertising and promotion, which permits point-of-sale advertising and promotion inside places that may be accessed by adults (18+ years) only. Such advertising may not be visible from outside the establishment, may not occupy more than 1 square meter, and may not be aimed at children and or reference sports, artistic, cultural, sexual or social success, wellbeing or health.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of point-of-sale tobacco advertising and promotion, including inside places accessible by adults only. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The Organic Law for the Regulation and Control of Tobacco restricts tobacco product display at point of sale, prohibiting the placement of cigarettes (but not other tobacco products) in a place that lets the consumers handle them directly.

Although the Organic Law on Communication could be interpreted as prohibiting point of sale product display, the regulations issued under the law specifically exempt point of sale product display.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12–13, the law should prohibit all tobacco product display and visibility at points of sale, allowing only an information sheet about product availability and prices.

The law generally prohibits tobacco advertising and promotion in all mass media. However the law provides an exemption for direct communication by email or postal service, provided that the adult consumer has asked to receive such information in writing and the consumer’s age has been verified as above 18 years.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco advertising and promotion, including direct communication by conventional mail. In addition, to clarify the scope and aid in enforcement of the ban, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising and promotion in mass media with limited exemptions. The exemptions (which allow direct communication by email and postal service) do not apply to tobacco advertising and promotion by telephone and cellular phone. Therefore, tobacco advertising and promotion by telephone and cellular phone is prohibited.

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. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The Organic Law prohibits “displaying, promoting or producing any object that is not a tobacco product which contains elements from a tobacco product brand.” Therefore, brand marking venues, outlets, vehicles, or any other object or premises with words, designs or images related to a tobacco product is prohibited.

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

The Organic Law prohibits the free distribution of tobacco products to the general public.

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

The Organic Law prohibits the use of incentives that may encourage the purchase of tobacco products. The Regulations further specify that any individual or legal entity may report businesses that offer gifts in cash money or in kind in exchange for the consumption of tobacco products. Taken together, these provisions are interpreted as prohibiting promotional discounts, gifts, prizes and rewards to consumers in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion discounts, gifts, prizes and rewards. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising, promotion and sponsorship through all forms of mass media, with limited exceptions that do not apply here. Competitions associated with tobacco products are a form of sponsorship and are therefore prohibited. In addition, any advertisement of such competitions is prohibited under the general advertising ban.

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

The law generally prohibits tobacco advertising and promotion through all forms of mass media and through interpersonal contact with limited exceptions. The law allows direct targeting by mail or email to adults over the age of 18 who have previously consented to receiving such information. However, the law does not provide an exception for direct person-to-person (spoken) marketing. Therefore this practice is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals. However, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The Organic Law prohibits “marketing, selling, distributing, displaying, promoting or producing any object that is not a tobacco product which contains elements from a tobacco product brand.” Therefore brand stretching is prohibited.

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

The law does not address reverse brand stretching. Because the law does not contain a definition of “tobacco advertising and promotion,” it is unclear if reverse brand stretching is prohibited under the general ban on advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law prohibits “manufacturing, importing, selling and distributing candies, snacks, toys and other objects having the shape and design of tobacco products.”

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

The law prohibits “manufacturing, importing, selling and distributing candies, snacks, toys and other objects having the shape and design of tobacco products.”

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

The law does not expressly address retailer incentive programs. The law generally prohibits tobacco advertising and promotion through all forms of mass media and through interpersonal contact with limited exceptions. However, because the law does not contain a definition of tobacco advertising and promotion, it is unclear if retailer incentive programs are prohibited under the general ban on advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law generally prohibits tobacco advertising and promotion in all forms of media, with limited exceptions that do not apply here. Therefore the law is interpreted as prohibiting the paid placement of tobacco products in TV, film, and other media.

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

The law does not address unpaid depiction of tobacco products. Therefore, the law is interpreted as allowing unpaid depiction.

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

The law prohibits sponsorship by the tobacco industry at sporting, cultural, and artistic activities. Sponsorship is defined as “any type of contribution to any action, activity or individual with the goal, effect or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco.” The law does not ban “corporate social responsibility” programs by the tobacco industry, although the promotion of such programs is prohibited. Because some but not all forms of tobacco sponsorship are prohibited, the regulatory status “Some Restrictions” is given.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products or tobacco usage. To align, the law should prohibit all tobacco sponsorship.

The law specifically prohibits sponsorship of sporting, cultural, and artistic events, as well as the promotion of “corporate social responsibility” programs by the tobacco industry. All other publicity is covered by the broad ban on tobacco advertising and promotion in mass media and any form of interpersonal communication.

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

The law explicitly prohibits deceptive advertising. Specifically, the law prohibits the “use [of] terms, descriptive elements, figurative symbols or those of another kind that have the direct or indirect effect of creating the false impression that a particular tobacco product is less harmful than another.”

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