Last updated: June 15, 2023
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. Therefore, 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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. Therefore, 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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. Therefore, tobacco advertising and promotion in other print media, such as pamphlets, leaflets, flyers, posters, signs, is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.
Internet communications
Internet communications (not sales)
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information.” This is interpreted as including internet communications. Therefore, tobacco advertising and promotion by internet communications is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. However, the law does not explicitly ban tobacco advertising and promotion via international or cross-border 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 on international (cross-border) TV and radio is prohibited.
International newspapers and magazines
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. However, the law does not explicitly ban 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 in international (cross-border) newspapers and magazines is prohibited.
Outdoor advertising (e.g., billboards, posters)
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. Therefore, outdoor advertising of tobacco products is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
Point of sale advertising and promotion of tobacco products is banned. Only a list of available tobacco products with prices is permitted.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.
Point of sale product display
The law prohibits the display of tobacco products at point of sale and requires that tobacco products be stored in closed cabinets.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.
Conventional mail
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information.” This includes advertisement and promotion by conventional mail. Therefore, tobacco advertising and promotion by 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
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information.” This includes advertisement and promotion by telephone and cellular phone. Therefore, tobacco advertising and promotion by telephone and cellular 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)
The law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information” that directly or indirectly promotes a tobacco product or tobacco use. This is interpreted as including brand marking of physical structures. Therefore, brand marking is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.
Free distribution of tobacco products
The law prohibits free distribution of tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 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 broadly prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” includes “any type of . . . activities with the intent, the result, or the probable result of stimulating the sale of a tobacco product or the use of tobacco and nicotine directly or indirectly.” The law also specifically prohibits the use of “price discounts through coupons, vouchers and otherwise” and prohibits the sale of tobacco products packaged with non-tobacco products. Taken together, this is interpreted as prohibiting all promotions with a tobacco product purchase.
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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products, including the organization of “contests, intended for, resulting or probably resulting in a direct or indirect incentive to purchase or consume tobacco products”. Therefore, competitions associated with tobacco products are banned.
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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information” that directly or indirectly promotes a tobacco product or tobacco use. Therefore, direct person to person targeting of individuals is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting.
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 prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information, recommendations, or activities with the intent, the result, or the probable result of stimulating the sale of a tobacco product or the use of tobacco and nicotine directly or indirectly.” This is interpreted as covering brand stretching.
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 prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information, recommendations, or activities with the intent, the result, or the probable result of stimulating the sale of a tobacco product or the use of tobacco and nicotine directly or indirectly.” While this could be interpreted as covering reverse brand stretching, it is possible that reverse brand stretching escapes the ban. 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 reverse brand stretching is prohibited.
Toys that resemble tobacco products
The law prohibits “manufacturing, selling and distributing of sweets, chewing gums, toys and other food and non-food products imitating tobacco products.” Therefore, toys that resemble tobacco products are banned.
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 law prohibits “manufacturing, selling and distributing of sweets, chewing gums, toys and other food and non-food products imitating tobacco products.” Therefore, candy that resembles tobacco products is banned.
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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information, recommendations, or activities with the intent, the result, or the probable result of stimulating the sale of a tobacco product or the use of tobacco and nicotine directly or indirectly.” This is interpreted as covering retailer incentive programs.
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 law prohibits advertising and stimulation of sales of tobacco, tobacco products, and nicotine-containing products. The definition of “advertisement and the stimulation of sales of tobacco and nicotine products” covers “any type of transmission of commercial information, recommendations, or activities with the intent, the result, or the probable result of stimulating the sale of a tobacco product or the use of tobacco and nicotine directly or indirectly.” This is interpreted as prohibiting paid placement of tobacco products in TV, film and other 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, and other 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
The law prohibits the “demonstration” of tobacco products in any newly created audiovisual works intended for children including TV, film, and other media, as well as performances. The law prohibits demonstration of tobacco products in any newly created audiovisual works intended for adults unless such demonstration “is an integral part of the artistic intent.” In previously created audiovisual works, a warning about the dangers of tobacco must be shown immediately before and during the product placement. In addition, the law allows demonstration of tobacco products when conducting public health campaigns, including in the media.
Because the law allows unpaid depiction of tobacco use or tobacco products that does not serve a legitimate purpose in previously created audiovisual works, albeit with a warning, the regulatory status code “Some Restrictions” is given.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all unpaid depiction of tobacco use or tobacco products in media that does not service a legitimate purpose, even in previously created audiovisual works.
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 prohibits “tobacco and nicotine sponsorship,” which is defined as “any type of input into any event, endeavor, or separate entity, the intent, the result, or the probable result of which is to stimulate the sale of tobacco and nicotine containing products or the use of a tobacco and nicotine, directly or indirectly.” In addition, the law prohibits the tobacco industry from making contributions to political activities. However, while the law prohibits the tobacco industry from publicly disclosing information about corporate social responsibility campaigns, it does not prohibit contributions to corporate social responsibility campaigns. Due to this exemption, the regulatory status code “Some Restrictions” is given.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including tobacco industry contributions to CSR campaigns.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits all forms of tobacco sponsorship except contributions to corporate social responsibility campaigns. However, the law prohibits the tobacco industry from publicly disclosing contributions to corporate social responsibility campaigns. Therefore, the law prohibits publicity of any permitted form of sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support 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)
The law contains a comprehensive ban on tobacco advertising and promotion. In addition, the law prohibits the use of misleading terms and descriptors on tobacco product packaging, and or other designations that directly or indirectly create the false impression that a tobacco product is less harmful than another. Taken together, this creates a ban on promotion by means that are 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 the promotion of tobacco products by false, misleading or deceptive means.
