Last updated: February 5, 2021

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
Analysis

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes “television and radio (including terrestrial and satellite).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV and radio.

Domestic newspapers and magazines

Banned
Analysis

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, newspapers, magazines …).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to 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)

Banned
Analysis

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, … pamphlets, leaflets, flyers, letters, billboards, posters, signs).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other print media.

International TV and radio (including all broadcast media such as satellite and cable)

Banned
Analysis

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law applies to cross-border advertising, defined as that which originates within a territory and enters or could be received in another territory by broadcasts or other communication technologies. The law provides examples of prohibited forms of advertising, which includes “television and radio (including terrestrial and satellite).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV and radio.

International newspapers and magazines

Banned
Analysis

The Tobacco Control Act, 2017 prohibits all advertising, promotion and sponsorship of tobacco products. The law applies to cross-border advertising, defined as that which originates within a territory and enters or could be received in another territory. The law provides examples of prohibited forms of advertising, which includes communication through “print (for example, newspapers, magazines …).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

Internet communications

Internet communications (not sales)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law applies to both domestic and cross-border advertising, with “cross-border” defined as that which originates within a territory and enters or could be received in another territory by means such as placement on the internet. The law provides examples of prohibited forms of advertising, which includes communication through digital communication platforms such as the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.

Outdoor advertising (e.g., billboards, posters)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes communication through print, including billboards, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising of tobacco products.

Point of sale advertising/promotion

Point of sale advertising/promotion (other than product displays)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion at points of sale is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Point of sale product display

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. In addition, the law specifically prohibits the display of any tobacco advertising, promotion or sponsorship, including tobacco product display at retail points of sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

Conventional mail

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes flyers, leaflets, and letters, as well as direct targeting of individuals with direct mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising through conventional mail.

Telephone and cellular phone

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes “communications through audio means, such as other digital communication platforms (such as … mobile phone).”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising 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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes brand marking by use of words, designs, images, sounds, and colors, including in entertainment venues, retail outlets, and on vehicles and equipment.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

Free distribution of tobacco products

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes the supply or offer of free samples of tobacco products, including in conjunction with marketing surveys and taste testing.

The law aligns FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes the provision or offer of prizes, gifts, or discounted products such as t-shirts, baseball hats, key rings, cigarette lighters, or other trinkets with the purchase of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions accompanying 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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes 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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes direct targeting of individuals with promotional, including informational material, such as direct mail, telemarketing, consumer surveys or research, and person-to-person conversations.

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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes brand stretching, including the placement of indicia (including logos, slogans, trademarks or brand names) associated or likely to be associated with a tobacco product, manufacturer, or seller on non-tobacco products.

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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes product diversification through reverse brand stretching and brand sharing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching and brand sharing.

Toys that resemble tobacco products

Banned
Analysis

The law prohibits the import, manufacture, sale, and display of any toy or other non-tobacco item or object in the form of a tobacco product or which imitates or suggests the appearance of a tobacco product in whole or in part.

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

Banned
Analysis

The law prohibits the import, manufacture, sale, and display of any sweet, snack or other non-tobacco item or object in the form of a tobacco product or which imitates or suggests the appearance of a tobacco product in whole or in part.

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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes payments or other contributions to retailers to encourage or induce them to sell tobacco products, including retailer incentive programs such as rewards to retailers for achieving certain sales volumes.

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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, which includes 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.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in 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

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law does not apply to depictions of tobacco products or tobacco use in media where the depiction is purely incidental or is justified by reasons of historical accuracy or legitimate journalistic, artistic or academic expression. Therefore, depictions in the media that do not serve the above legitimate purposes are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid placement that does not serve a legitimate purpose.

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)

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. The law provides examples of prohibited forms of advertising, promotion and sponsorship, which includes the provision of financial or other support to events, activities, individuals, or groups, such as sporting or arts events, teams or artists, public interest organizations, government institutions, political events, or politicians. The law specifically mentions corporate social responsibility activities of any kind.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Banned
Analysis

The law prohibits all forms of tobacco advertising, promotion and sponsorship. Therefore, there can be no publicity of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the publicity of tobacco sponsorship.

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)

Banned
Analysis

The law prohibits any other terms in any language or signs suggesting or likely to suggest misleading terms. The law contains a comprehensive ban on tobacco advertising, promotion and sponsorship. Therefore, there can be no advertising or promotion by means that are false, misleading, or deceptive. In addition, the law prohibits the promotion of tobacco products with any packaging or labeling that is false, misleading, deceptive, or likely to create an erroneous impression about the product’s characteristics, health effects, hazards or emissions. This includes descriptors, colors, trademarks and terms such as “low tar”, “light”, and “mild”, among others.

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.