Last updated: May 15, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising on domestic TV, radio, and other broadcast media 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.
Domestic newspapers and magazines
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising in 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.
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)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising in other 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 other print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. However, the law does not explicitly address advertising on international TV and radio. Therefore, the regulatory status code "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.
International newspapers and magazines
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. However, the law does not explicitly address advertising in international newspapers and magazines is prohibited. Therefore, the regulatory status code "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.
Internet communications
Internet communications (not sales)
The law prohibits tobacco advertising and promotion through any direct or indirect means, which is interpreted to include internet communications. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.
Outdoor advertising (e.g., billboards, posters)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, outdoor tobacco advertising is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. The law is interpreted as prohibiting point of sale advertising and promotion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.
Point of sale product display
The law prohibits the display of a tobacco product by means that allow a person to handle the tobacco product before paying for it. The law only permits retailers to post signs indicating that products are available for sale, along with their respective prices, provided that brand elements are not visibly displayed.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all display and visibility of tobacco products at points of sale.
Conventional mail
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising via conventional mail is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product sales via conventional mail.
Telephone and cellular phone
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, tobacco advertising via 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 via telephone and cellular phone.
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)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. In addition, the law prohibits the sale, promotion, and distribution of any item other than a tobacco product which bears the brand name, logo, colors, slogan, or any other indicia of a tobacco product. Together, these provisions are interpreted as prohibiting all brand marking.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.
Free distribution of tobacco products
The law prohibits the distribution of tobacco products without monetary consideration.
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.
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 prohibits promotions with a tobacco product purchase including gifts, bonuses, and rebates
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.
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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Since the law broadly prohibits promotional activity, 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.
Direct person to person targeting of individuals
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, direct person to person targeting of individuals is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via person to person targeting.
Brand stretching/trademark diversification
Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)
The law prohibits the use of tobacco brand names, trademarks, trade names, logos, designs, recognizable colors or pattern of colors or any other product identification connected with a tobacco product on a non-tobacco product.
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 explicitly address reverse brand stretching. However, the law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, the law is interpreted as prohibiting reverse brand stretching or brand sharing.
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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertisement and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. The law is interpreted as prohibiting toys that resemble tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.
Candy that resembles tobacco products
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, the law is interpreted as prohibiting candy that resembles tobacco products because such candy has the effect of promoting tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.
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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. In addition, the law explicitly prohibits any person from offering or providing gifts/incentives associated with the purchase of a tobacco products, including any gifts to a purchaser or a “third party,” which could be interpreted to include retailers. Thus, the law 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.
Paid placement of tobacco products in TV, film or other media
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Thus, paid placement of tobacco products in TV, film or other media 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.
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 prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use. Because the definition of “tobacco advertising and promotion” encompasses “commercial” communications, recommendations, and actions, the law is not interpreted as prohibiting unpaid depiction because it is not “commercial.”
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media is prohibited.
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 advertising and promotion of tobacco products including through sponsorship of an organization, service, physical establishment, vehicle or event. The definition of “tobacco sponsorship” includes any form of contribution to any event, activity or individual, including financial or other sponsorship. Thus tobacco industry sponsorship of events, activities, individuals or groups is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect tobacco industry sponsorship of events, activities, individuals or groups.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits advertising and promotion of tobacco products including through sponsorship of an organization, service, physical establishment, vehicle or event. The definition of “tobacco sponsorship” includes any form of contribution to any event, activity or individual, including financial or other sponsorship. The law is interpreted as prohibiting tobacco industry sponsorship of events, activities, individuals, organizations, and governments. 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 financial or other sponsorship or support by the tobacco industry.
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)
The law prohibits tobacco advertising and promotion through any direct or indirect means. The law defines “tobacco advertising and promotion” to include any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use.
In addition, the law prohibits the manufacture, sale and import of tobacco products unless the packaging and labeling do not promote the product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. The law specifically prohibits descriptions, trademarks or terms such as low tar, light, ultra-light or mild.
While this prohibition relates to tobacco product packaging and labeling, this in combination with the general prohibition on advertising and promotion is interpreted as prohibiting the promotion of tobacco products by false, misleading or deceptive means.
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.