Last updated: September 9, 2021
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as . . . television and radio (including terrestrial and satellite)." Therefore, all 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.
Domestic newspapers and magazines
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as print (for example, newspapers, magazines . . .)." Therefore, all 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.
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as print (for example, newspapers, magazines, pamphlets, leaflets, flyers, letters, billboards, posters, signs)." Therefore, all 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 domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The Tobacco Control Act prohibits "all forms of tobacco advertising, promotion or sponsorship including cross-border as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as . . . television and radio (including terrestrial and satellite)." Therefore, all tobacco advertising and promotion on international 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 international TV and radio.
International newspapers and magazines
The Tobacco Control Act prohibits "all forms of tobacco advertising, promotion or sponsorship including cross-border as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as print (for example, newspapers, magazines . . .)." Therefore, all tobacco advertising and promotion in international 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 international newspapers and magazines.
Internet communications
Internet communications (not sales)
The Tobacco Control Act prohibits "all forms of tobacco advertising, promotion or sponsorship including cross-border as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "digital communication platforms (such as the internet and mobile phone)." Therefore, all tobacco advertising and promotion by internet communications, domestic and international, is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by internet communications.
Outdoor advertising (e.g., billboards, posters)
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means, such as print (for example . . . pamphlets, leaflets, flyers, letters, billboards, posters, signs)." Therefore, all tobacco advertising and promotion by outdoor advertising is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by outdoor advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "audio, visual, or audiovisual means" and other forms of promotion that could be used at point of sale. Section 12(5) permits only a black and white price list at point of sale.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion at point of sale.
Point of sale product display
The Tobacco Control Act prohibits the display or visibility of a tobacco product at point of sale. Products must be stored under an opaque front counter or in an opaque cabinet above or behind the front counter.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.
Conventional mail
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, 'consumer surveys' or 'research' or person-to-person conversation." Therefore, advertising by conventional mail is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by conventional mail.
Telephone and cellular phone
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including "digital communication platforms (such as the internet and mobile phone)" and "direct targeting of individuals with promotional, including informational material, such as . . . telemarketing, 'consumer surveys' or 'research' or person-to-person conversation." Therefore, advertising by telephone or cellular (mobile) 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 (mobile) 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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "brand-marking, including in entertainment venues and retail outlets and on vehicles and equipment such as by use of words, designs, images, sounds and colours, including brand names, trademarks, logos, names of tobacco manufacturers or importers and colours or schemes of colours, in whole or part and any other indicia associated with tobacco products, manufacturers or importers." Therefore, all brand marking is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.
Free distribution of tobacco products
The Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "supply or offer of free samples of tobacco products, including in conjunction with marketing surveys and taste testing." Therefore, all free distribution of tobacco products is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with 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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "provision or offer of gifts or discounted products with the purchase of tobacco products, such as key rings, T-shirts, baseball hats, cigarette lighters, CDs, other trinkets or tobacco products."
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not."
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, 'consumer surveys' or 'research' or person-to-person conversation."
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "Product diversification through brand stretching and brand sharing." Therefore, non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia is prohibited.
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "Product diversification through brand stretching and brand sharing." Therefore, tobacco products or services using non-tobacco brand names is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching or brand sharing.
Toys that resemble tobacco products
The Tobacco Control Act states: "A person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor."
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 Tobacco Control Act states: "A person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor."
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "payments or other contributions to retailers to encourage or induce them to sell tobacco products, including retailer incentive programmes, such as rewards to retailers for achieving certain sales volumes" and "payment or other consideration in exchange for the exclusive sale or prominent display of a particular product or particular manufacturer's product in a retail outlet or at a venue or an event." Accordingly, all retailer incentive programs are prohibited.
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "product placement, such as the inclusion of or reference to a tobacco product, service or trademark in the context of communication in return for payment or other consideration." Accordingly, paid placement of tobacco products in TV, film and 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.
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 Tobacco Control Act prohibits all forms of tobacco advertising and promotion "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship. The Act further states that a person shall not "produce, publish or make accessible any material for tobacco". The only allowable exception is the "depiction of tobacco products or tobacco use in the media where the depiction is justified for educational purposes of tobacco control." This is interpreted as prohibiting all unpaid depiction of tobacco use or tobacco products in media that does 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.
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 Tobacco Control Act prohibits all forms of tobacco advertising, promotion and sponsorship "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sportspeople or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organisations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgement or publicity, including corporate social responsibility activities of any kind." Section 21 of the TCA further expressly prohibits tobacco industry financial support or involvement in youth prevention programs and other public education campaigns. Accordingly, all tobacco industry sponsorship is prohibited.
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.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The Tobacco Control Act prohibits all forms of tobacco advertising, promotion and sponsorship "as provided in the Second Schedule" to the Act. The Second Schedule contains an "indicative, non-exhaustive list" of prohibited forms of tobacco advertising, promotion and sponsorship, including: "provision of financial or other support to events, activities, individuals or groups, such as sporting or arts events, individual sportspeople or teams, individual artists or artistic groups, welfare and other public interest organisations, government institutions or organisations, politicians, and political candidates or political parties, whether or not in exchange for attribution, acknowledgement or publicity, including corporate social responsibility activities of any kind." Section 21 of the TCA further expressly prohibits tobacco industry financial support or involvement in youth prevention programs and other public education campaigns. Accordingly, there can be no publicity of tobacco sponsorship because all tobacco industry sponsorship is prohibited.
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, and publicity thereof.
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 Tobacco Control Act states that: "A person shall not employ any means to convey any information that is false, misleading or deceptive or likely to create an erroneous impression about a tobacco product's characteristics, health effects, hazards or emissions."
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.
