Italy

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, and its implementing Ministerial Decree No. 425 of November 30, 1991 specifically bans television advertising of tobacco products. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising on radio. Legislative Decree No. 208 of November 8, 2021 specifically bans tobacco advertising through audiovisual communications, which includes TV and radio.

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

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising in the press and other print publications, except for publications intended exclusively for those in the tobacco trade and publications published in countries outside the European Union which are not primarily intended for the EU market.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic newspapers and magazines.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising through the press and “other print publications,” which is interpreted as including print media such as pamphlets, leaflets, flyers, posters and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic print media such as pamphlets, leaflets, flyers, posters and signs.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, and its implementing Ministerial Decree No. 425 of November 30, 1991 specifically bans televised advertising of tobacco products. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising on radio. Legislative Decree No. 208 of 2021 specifically bans tobacco advertising through audiovisual communications, which includes TV and radio. Decree No. 208 applies to all audiovisual providers under Italian jurisdiction, which includes those headquartered or with an office in Italy, or use a satellite up-link in Italy. Therefore, tobacco advertising on international TV and radio originated from or broadcast into Italy is banned.

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

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising in the press and other print publications, except for publications intended exclusively for those in the tobacco trade. The law also provides an exception for publications published in countries outside the European Union which are not primarily intended for the EU market. Due to this latter exception, the regulatory status code “Some Restrictions” is given.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising in all newspapers and magazines, including international newspapers and magazines.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising in information services, including internet communications.

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

Law No. 165 of April 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising through the press and “other print publications,” which is interpreted as including outdoor advertising such as billboards and posters.

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

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising through the press and “other print publications,” which is interpreted as including print material used at point of sale.

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

The law does not address point of sale product display. Therefore, the law is interpreted as permitting point of sale 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.” To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-14, the law should prohibit any display and visibility of tobacco products at points of sale.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally. Legislative Decree No. 300 of December 16, 2004 specifically bans tobacco advertising through the press and “other print publications,” which is interpreted as including print material that could be sent through conventional mail.

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

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include by telephone and cellular phone. However, the law does not address telephone advertising of smokeless tobacco products. 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 all tobacco advertising by telephone and cellular phone.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include brand marking. However, the law does not address brand marking to promote smokeless tobacco products. 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 all brand marking. In addition, to clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Decree No. 300 of December 16, 2004 prohibits free distribution of tobacco products in association with sponsored events, but does not otherwise prohibit free distribution.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should completely prohibit the free distribution of tobacco products.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include promotions with the purchase of a smoked tobacco product. However, the law does not address advertising of smokeless tobacco products. 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 all promotions with a tobacco product purchase. In addition, to clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include competitions associated with smoked tobacco products. However, the law does not address competitions associated with smokeless tobacco products. 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 all competitions associated with tobacco products. In addition, to clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include direct person-to-person targeting. However, the law does not address advertising of smokeless tobacco products. 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 all direct person-to-person targeting of individuals.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include brand stretching. However, the law does not address advertising of smokeless tobacco products. 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 all tobacco brand stretching. In addition, to clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include reverse brand stretching. However, the law does not address advertising of smokeless tobacco products. 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 all reverse brand stretching. In addition, to clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

The law does not address the manufacture or sale of toys that resemble tobacco products. Therefore, the law is interpreted as allowing the manufacture and sale of toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of toys that resemble tobacco products.

The law does not address the manufacture or sale of candy that resembles tobacco products. Therefore the law is interpreted as allowing the manufacture and sale of candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of candy that resembles tobacco products.

Law No. 165 of April 10, 1962 bans advertising of smoked tobacco products generally, which is interpreted to include retailer incentive programs. However, the law does not address advertising of smokeless tobacco products. 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 all retailer incentive programs. To clarify the scope of the ban on tobacco advertising and promotion, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

Decree No. 208 of November 8, 2021 specifically prohibits the paid placement of tobacco products in audiovisual media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, or other media.

The law does not address unpaid depiction of tobacco use or tobacco products in media. Therefore, unpaid depiction is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

Legislative Decree No. 300 of December 16, 2004 specifically prohibits sponsorship of radio programs, and Legislative Decree No. 208 of November 8, 2021 specifically prohibits sponsorship of audiovisual media services and programs. Legislative Decree No. 300 also restricts tobacco sponsorship of events and activities. Specifically, tobacco sponsorship of an event is prohibited if it “is carried out simultaneously in more than one State belonging to the European Community or whose organizer consists of several residents belonging to more than one EU country,” or if the event “produces direct cross-border effects.” However, the law does not prohibit tobacco sponsorship of an event carried out and wholly organized in Italy without cross-border effects. Such events include “corporate social responsibility” programs and youth tobacco prevention 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 all tobacco sponsorship.

Legislative Decree No. 300 of December 16, 2004 specifically prohibits sponsorship of radio programs, and Legislative Decree No. 208 of November 8, 2021 specifically prohibits sponsorship of audiovisual media services and programs. Legislative Decree No. 300 also restricts tobacco sponsorship of events and activities. Specifically, tobacco sponsorship of an event is prohibited if it “is carried out simultaneously in more than one State belonging to the European Community or whose organizer consists of several residents belonging to more than one EU country,” or if the event “produces direct cross-border effects.” However, the law does not prohibit tobacco sponsorship of an event carried out and wholly organized in Italy without cross-border effects. Publicity of such an event, however, would be restricted under the general ban on advertising of smoked tobacco products and other restrictions under Italian law. 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 all publicity of financial or other sponsorship or support by the tobacco industry.

Decree No. 6 of January 12, 2016 prohibits the use on tobacco product packaging of information “providing an incorrect impression about the features, health effects, risks or emissions” of the product or “that a particular tobacco product is less harmful than others,” including “texts, symbols, names, trademarks, figurative signs or other.” Taken together, these provisions prohibit promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions. Although there are restrictions on tobacco advertising and promotion, not all forms are prohibited, particularly related to smokeless tobacco products. 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 all tobacco promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.