Last updated: June 1, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
Tobacco advertising may not appear during “children’s programming hours.” For this reason, the regulatory status “Some Restrictions” is given. In addition, tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
For TV, two written health warning must occupy 20% of the ad space, with one warning occupying the top 10% and a second warning occupying the bottom 10%. The warnings must span the width of the advertisement and must be visible for the duration of the advertisement. For radio, one verbal warning must be read before the ad and a second verbal warning after the ad.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via TV and radio.
Domestic newspapers and magazines
Tobacco advertising in domestic newspapers and magazines is generally allowed. Tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via 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)
Tobacco advertising in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is allowed. Tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via domestic print media such as pamphlets, leaflets, flyers, posters, and signs.
International TV and radio (including all broadcast media such as satellite and cable)
Domestically, tobacco advertising may not appear during “children’s programming hours.” However, because the law does not explicitly apply the restriction to international or cross-border TV and radio, it is uncertain whether this restriction applies. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic and cross-border tobacco advertising, promotion and sponsorship via TV and radio.
International newspapers and magazines
Tobacco advertising in newspapers and magazines is generally allowed. Tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic and cross-border tobacco advertising, promotion and sponsorship via newspapers and magazines.
Internet communications
Internet communications (not sales)
Tobacco advertising via electronic media, which by definition includes internet communications, is allowed. Tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via the internet.
Outdoor advertising (e.g., billboards, posters)
Outdoor tobacco advertising, via billboards and posters, is restricted. Outdoor advertising may not be placed within 500 meters of the entrances and exits of schools, universities, sports facilities, hospitals and recreation centers. In addition, tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via billboards, posters and other means of outdoor advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
Tobacco advertising at point of sale is allowed. Tobacco advertising may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship at the point of sale.
Point of sale product display
The law does not address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship including point of sale product displays.
Conventional mail
Tobacco advertising delivered through conventional mail is allowed. As with all tobacco advertising, the advertisement may not show consumption of tobacco products and may not use human models, cartoons, sports athletes, or public figures. All advertising must be approved prior to release.
Two health warnings are required on the advertisement, each occupying 10% of the ad space for a total of 20% of the ad space.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via conventional mail.
Telephone and cellular phone
The law does not address tobacco advertising via telephone and cellular phone. Although the law addresses advertising through “electronic media,” a previous definition of “electronic media” included only neon signs and internet only. However, that definition has been repealed. Given that there is currently no definition of "electronic media" and the law does not detail requirements for health warnings for tobacco advertising via telephone and cellular phone, the law is interpreted as allowing telephone and cellular phone advertising without restriction.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via telephone and cellular phones.
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 does not specifically address brand marking, instead only addressing tobacco advertising through "written, graphic, radio, television, electric or electronic media and mobile units." Therefore, the law is interpreted as allowing brand marking without restriction.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.
Free distribution of tobacco products
The free distribution of cigarettes or any other goods or services that bear the name or trademark of tobacco products is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) 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 does not prohibit promotional discounts, gifts, prizes, or rewards to consumers in conjunction with a tobacco product purchase. Therefore, the law is interpreted as allowing this type of promotion.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.
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 does not specifically address competitions associated with tobacco products. However, this is a type of sponsorship and the law does not prohibit sponsorship. Therefore, the law is interpreted as allowing competitions associated with tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship in accordance with constitutional considerations.
Direct person to person targeting of individuals
The law does not prohibit the direct targeting of individuals through person-to-person means. Therefore, these practices are allowed.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship that directly targets 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 law does not address brand stretching. Therefore, the law is interpreted as allowing brand stretching.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship via 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 allowing reverse brand stretching.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising, promotion and sponsorship, including reverse brand stretching.
Toys that resemble tobacco products
The law does not address the sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of toys that resemble tobacco products.
Candy that resembles tobacco products
The law does not address the sale of toys or candy that resemble tobacco products. Therefore, the law is interpreted as allowing toys and candy that resemble tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of 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 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, promotion and sponsorship in accordance with constitutional considerations.
Paid placement of tobacco products in TV, film or other media
Paid placement of tobacco products is allowed with health warnings. Two written health warning must occupy 20% of the ad space, with one warning occupying the top 10% and a second warning occupying the bottom 10%. The warnings must span the width of the advertisement and must be visible for the duration of the advertisement.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the 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 does not address unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in entertainment media 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 law does not address financial or other contributions that promote tobacco products or tobacco use. Therefore, the law is interpreted as allowing such contributions.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law does not address publicity of tobacco sponsorship. Therefore, the law is interpreted as allowing such publicity.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship 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 law does not address promotion by means that are false, misleading, or deceptive. Therefore, the law is interpreted as allowing misleading or deceptive promotion.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.
