Eswatini

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via domestic newspapers and magazines is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via other domestic print media is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” However, because the law does not explicitly prohibit tobacco advertising and promotion on international TV and radio, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion on international TV and radio.

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” However, because the law does not explicitly prohibit tobacco advertising and promotion via international newspapers and magazines, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international newspapers and magazines.

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion through internet communications is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via outdoor advertising is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any … print media or by any other form of communication,” but permits retailers to “post signs [at the point of sale] indicating that tobacco products are available for sale, the specific products or brands available for sale, and their respective prices.” However, “brand elements” may not be displayed on the signs. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale tobacco advertising and promotion.

The law prohibits the sale of tobacco products unless they are “kept in a special compartment, from the view of the general public…” This is interpreted as prohibiting point of sale product display.

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect. For greater certainty, the law or future regulations should explicitly prohibit advertising tobacco products in any way at the point of sale.

The law prohibits tobacco advertising “on any … print media or by any other form of communication.” Therefore, tobacco advertising and promotion via conventional mail is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Therefore, tobacco advertising and promotion through telephone and cellular phone is prohibited, and the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits tobacco advertising “by any other form of communication,” including the use of tobacco trademarks, logos, brand names, or company names “for the purpose of advertising any organisation, service, activity, or event.” Additionally, the law prohibits promoting tobacco product “brand elements” that are displayed on a non-tobacco product or used with a non-tobacco product service that is associated with minors and a way of life “that includes glamour, recreation, excitement, vitality, risk or daring.” Read together, the law prohibits tobacco brand marking (other than on tobacco product packaging and labeling) and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits the free distribution of tobacco products and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines. It also meets FCTC Art. 16 in that respect.

The law prohibits promotions with a tobacco product purchase and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law prohibits competitions associated with tobacco products and thus aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

While the law prohibits tobacco advertising “by any other form of communication,” it also has some exceptions (e.g. point of sale advertising and promotion and vending machines) and does not explicitly address direct person to person targeting of individuals. Thus, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person to person targeting of individuals.

The law prohibits tobacco advertising “by any other form of communication,” including the use of tobacco trademarks, logos, brand names, or company names “for the purpose of advertising any organisation, service, activity, or event.” Additionally, the law prohibits “furnish[ing], publish[ing], broadcast[ing] or otherwise disseminat[ing] or promot[ing] non-tobacco products bearing a tobacco related brand element” and promoting tobacco product “brand elements” that are displayed on a non-tobacco product or used with a non-tobacco product service that is associated with minors and a way of life “that includes glamour, recreation, excitement, vitality, risk or daring.” Read together, the law prohibits brand stretching/trademark diversification and aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that respect.

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching.

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

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

The law does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs.

The law prohibits tobacco advertising “on any satellite, electronic … media or by any other form of communication.” Given the broad definitions of “tobacco advertising and promotion” and “promotion”, the law is interpreted as prohibiting paid placement in TV, film, and other media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect. For greater clarity, the law should explicitly prohibit product placement of tobacco products in TV, film, and other media.

Although the law prohibits tobacco advertising “by any other form of communication,” it also has some exceptions (e.g. point of sale advertising and promotion and vending machines) and does not explicitly address unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose. Thus, the regulatory status is “Uncertain.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose.

The law prohibits tobacco industry sponsorship of events, activities, and organizations, but the restriction does not extend to individuals. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship, including of individuals and governments, and define "sponsorship" in accordance with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

The law prohibits tobacco advertising and sponsorship of events, activities, and organizations. Therefore, there cannot be any publicity of sponsorship of events, activities, and organizations. The advertising and sponsorship restrictions do not extend to individuals, though, and so publicity of this form of sponsorship is allowed to the extent tobacco advertising is permitted. Thus, the regulatory status is “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship, including of individuals and governments, and define "sponsorship" in accordance with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

The law prohibits misleading tobacco product packaging “concerning the character, properties, toxicity, composition, merit or safety of the product.” It also prohibits selling or promoting tobacco “by any means, including by means of packaging, that are false, misleading, or deceptive or that are likely to create an appeal or erroneous impression about the characteristics, health effect or hazards of the tobacco product emissions.”

Thus, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression.