Last updated: April 13, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion on domestic TV and radio are 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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion in domestic newspapers and magazines are 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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion in domestic print media such as pamphlets, leaflets, flyers, posters, and signs are 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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion on domestic TV and radio are banned. However, the law does not explicitly address tobacco advertising and promotion 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 is prohibited on international TV and radio as well as domestic TV and radio.
International newspapers and magazines
The Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is banned. However, the law does not explicitly address tobacco advertising and promotion in international newspapers and magazines. 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 is prohibited in international newspapers and magazines as well as domestic newspapers and magazines.
Internet communications
Internet communications (not sales)
Section 59 of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. Therefore, tobacco advertising and promotion via internet communications is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet communications.
Outdoor advertising (e.g., billboards, posters)
Section 59(1) of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Section 59(2) goes on to state “without limiting subsection (1) a person shall not . . . (b) advertise tobacco, a tobacco product or a tobacco related product on a billboard, wall mural, public transport, transport stop or station including an airport or seaport.” Therefore, 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)
Section 59 of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act and there is no exception for point of sale. Therefore, tobacco advertising and promotion at point of sale is banned.
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 law does not address point of sale tobacco product display. Therefore, the law is interpreted as permitting point of sale tobacco product display.
The FCTC Art. 13 Guidelines state “display and visibility of tobacco products at points of sale constitutes advertising and promotion and should therefore be banned” (see paras. 12-14). To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the display and visibility of tobacco products at point of sale.
Conventional mail
Section 59 of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act. 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.
Telephone and cellular phone
Section 59 of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act, including an “audible message.” Therefore, tobacco advertising and promotion by telephone or cellular (mobile) 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.
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)
Section 59(1) of the Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Tobacco advertising is defined broadly under the Act, including “any sign, symbol or any other visual image” that publicizes a tobacco product or use, “brought to the notice of members of the public.” Section 59(2) goes on to state, “without limiting subsection (1) a person shall not (a) use a tobacco trademark, brand logo or brand name of a tobacco product.” Therefore, brand marking is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.
Free distribution of tobacco products
The Public Health Act does not specifically prohibit the free distribution of tobacco products. However, the Act bans advertising of tobacco or a tobacco product, directly or indirectly. The definition of tobacco advertising is broad and includes any kind of “communication . . . to members of the public . . . which encourages or is likely to encourage the use of tobacco or a tobacco product.” This is interpreted as covering free distribution of tobacco products. Therefore the free distribution of tobacco products is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. The definition of tobacco advertising is broad and includes any kind of “communication, representation or reference distributed to members of the public . . . which encourages or is likely to encourage the use of tobacco or a tobacco product.” Because this definition covers promotions with a tobacco product purchase, this practice is prohibited.
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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. The definition of tobacco advertising is broad and includes any kind of “communication . . . to members of the public . . . which encourages or is likely to encourage the use of tobacco or a tobacco product . . . and any visual or audible message . . . which publicises tobacco or a tobacco product.” This is interpreted as covering competitions associated with a tobacco products, as these would necessary involve visual or audible messages regarding the tobacco product.
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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. The definition of tobacco advertising is broad and includes any kind of “communication . . . to members of the public . . . which encourages or is likely to encourage the use of tobacco or a tobacco product . . . and any . . . audible message . . . which publicises tobacco or a tobacco product.” This is interpreted as covering direct person to person targeting of individuals.
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 Public Health Act prohibits a person to “sell, display for sale, supply or advertise a non-tobacco product or service that contains, either on the product, or in an advertisement of the product, a writing, a picture, an image, graphics, message, or other matter that is commonly identified or associated with or is likely or intended to be identified or associated with a tobacco product, brand, or manufacturer.” Therefore, brand stretching 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 law does not address reverse brand stretching. Therefore, the law is interpreted as permitting reverse brand stretching.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching.
Toys that resemble tobacco products
The Public Health Act prohibits the packaging, labeling or sale of “a product that looks like or is likely to be identified or associated with tobacco or a tobacco product.” Therefore, toys that resemble tobacco products are prohibited.
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 Public Health Act prohibits the packaging, labeling or sale of “a product that looks like or is likely to be identified or associated with tobacco or a tobacco product.” Therefore, candy that resembles a tobacco product is prohibited.
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 Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. Because the definition of “advertising” is limited to communication to “members of the public”, the definition may not cover agreements between manufacturers and retailers. Therefore, the regulatory status “Allowed” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The Public Health Act bans advertising of tobacco or a tobacco product, directly or indirectly. The definition of tobacco advertising is broad and includes any kind of “representation or reference . . . to members of the public . . . which encourages or is likely to encourage the use of tobacco or a tobacco product . . . and any visual or audible message . . . which publicises tobacco or a tobacco product.” This is interpreted as covering paid placement of tobacco products.
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 law prohibits some unpaid depiction of tobacco products and use. Specifically, the law prohibits showing identifiable tobacco brands or brand images as part of the content of any entertainment media product. Further, entertainment media aimed at children cannot depict tobacco products, use, or imagery.
Any permitted depiction must be accompanied by anti-tobacco advertisements at the beginning of the entertainment media.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.
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 Public Health Act prohibits tobacco sponsorship of activities and individuals. However, the Act does not clearly prohibit sponsorship of organizations or governments. In addition, it is unclear whether the prohibition on sponsorship of activities covers corporate social responsibility programs. 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 tobacco sponsorship of any event, activity, individual, organization or government entity, including corporate social responsibility programs.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
Section 60 of the Public Health Act prohibits tobacco sponsorship of activities and individuals. Although the Act does not clearly prohibit sponsorship of organizations or governments, publicity of such sponsorship is prohibited under Sec. 59, which bans tobacco advertising. Therefore, the regulatory status code "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship 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)
Section 62 of the Public Health Act prohibits false, misleading or deceptive tobacco product packaging, including “the use of a term, description, trademark, figurative or any other expression that directly or indirectly creates the impression that a particular tobacco product is less harmful than another tobacco product.” The Act specifically bans the terms “‘light’, ‘ultra-light’, ‘mild’ and ‘low tar’ and any other expression which creates the impression that the product is less harmful or has beneficial effects.” This article, together with the comprehensive tobacco advertising ban in Sec. 59, prohibits promotion by means that false, misleading, deceptive or likely to create an erroneous impression.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that false, misleading, deceptive or likely to create an erroneous impression.
