Last updated: February 11, 2024

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 Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes television, radio, and electronic media. Decree No. 369 also prohibits advertising via public media, including TV and radio.

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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes printing. Decree No. 369 also prohibits advertising via public media, including "printed media" and "printed matter", which includes domestic newspapers and magazines.

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)

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes printing and posters. Decree No. 369 also prohibits advertising via public media, including "printed media" and "printed matter," which includes pamphlets, leaflets, flyers, posters and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by domestic print media.

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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes television, radio, and electronic media. Article 6 of Decree No. 369 specifically prohibits advertising via public media, including TV and radio. Article 5 states that the scope of the decree covers all "advertising that promotes the use of tobacco products within the LPDR [Lao People's Democratic Republic]" and Agreement No. 1067 prohibits advertising tobacco products internationally. This is interpreted as prohibiting tobacco advertising and promotion through international broadcasts into or out of Laos via international TV and radio.

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

International newspapers and magazines

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes printing. Article 6 of Decree No. 369 specifically prohibits advertising via public media, including "printed media" and "printed matter," which includes newspapers and magazines. Article 5 states that the scope of the decree covers all "advertising that promotes the use of tobacco products within the LPDR [Lao People's Democratic Republic]" and Agreement No. 1067 prohibits advertising tobacco products internationally. This is interpreted as prohibiting tobacco advertising and promotion in international newspapers and magazines.

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

Internet communications

Internet communications (not sales)

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes electronic media, which is interpreted to include internet communications. Decree No. 369 also prohibits advertising via public media, including electronic media and the internet.

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)

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes billboards and posters. Article 6 of Decree No. 369 also prohibits advertising via "printed matter," and Art. 7 specifically prohibits advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs . . . ."

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)

Uncertain
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The law prohibits openly showing tobacco product brands and prices. However, Decree No. 369 prohibits tobacco advertising on premises except "where tobacco products are displayed for sale in ordinary retail stores. For example, advertising may be displayed only on [tobacco] cabinets and large umbrellas, and on signs identifying retailers." Therefore, it is uncertain whether point of sale advertising and promotion is permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion, the law should specifically prohibit tobacco advertising and promotion at the point of sale.

Point of sale product display

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes tobacco product displays at 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 Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes printing. Decree No. 369 also prohibits advertising via public media, including "printed media" and "printed matter." This is interpreted to include any printed matter 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 by conventional mail.

Telephone and cellular phone

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The definition of “advertising of tobacco products” specifically includes telephone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by 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 Tobacco Control Law contains a general ban on tobacco advertising. Article 7 of Decree No. 369 specifically prohibits tobacco advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs . . . [including on] any type of vehicle registered in the LPDR," and Art. 8 prohibits tobacco advertising "upon any premises in the LPDR" except at point of sale. Therefore, all brand marking on physical structures, vehicles, or equipment is prohibited.

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 specifically prohibits giving away tobacco products for free.

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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The law specifically prohibits the sale of tobacco products with free samples or at a reduced cost and to exchange tobacco products with other goods; or to offer other benefits. The law also prohibits freely distributing tickets for sport competitions, art/cultural performances, or other activities; to provide services at social activities, lucky-draws, and award competitions, to provide other benefits that compensate tobacco product purchasers, or to encourage people to exchange tobacco packaging or labels or other items associated with tobacco products for gifts.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product.

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 Tobacco Control Law contains a general ban on tobacco advertising. “Advertising of tobacco products” is defined broadly to include “an act undertaken by any direct or indirect means aiming to encourage, provide incentives for, or promote the purchase/use of a tobacco product.” Therefore, the law is interpreted to prohibit competitions associated with a 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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. Article 2 of Decree No. 369 defines the scope of the ban to include "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech . . . etc." This is interpreted to include tobacco advertising by direct person-to-person targeting.

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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. Article 7 of Decree No. 369 specifically prohibits tobacco advertising "by use of printing, adding, applying, or engraving the symbols or statements of tobacco products upon materials or devices such as: advertising signs, parasols [or: umbrellas], key rings, hats, shirts, calendars, cabinets, electrical devices, etc., to include any type of vehicle registered in the LPDR." This provision prohibits all 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)

Allowed
Analysis

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 make clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

Banned
Analysis

The law prohibits the manufacture, import, export, distribution, and trade of imitation tobacco products. The law defines an “imitation tobacco product” as “a product that is similar to 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

Banned
Analysis

The law prohibits the manufacture, import, export, distribution, and trade of imitation tobacco products. The law defines an “imitation tobacco product” as “a product that is similar to a tobacco product.” Therefore, candy that resembles tobacco products 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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. The law defines “advertising of tobacco products” as “an act undertaken by any direct or indirect means aiming to encourage, provide incentives for or promote the purchase/use of a tobacco product.” Given this broad definition, the law is interpreted as prohibiting 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

Banned
Analysis

The Tobacco Control Law contains a general ban on tobacco advertising. This includes to product or display any kind of advertising for tobacco products “including showing texts or logos to encourage tobacco products use.” Further, Art. 2 of Decree No. 369 describes the scope of the ban as including "any means or form of action undertaken to cause people to become interested in, believe in, or to want to try tobacco, whether by speech, motion pictures, writing, demonstration, use of celebrity spokespersons, etc.," and Art. 6 specifically prohibits tobacco advertising in public media, including on television "by the display of trademarks." Taken together, these provisions are 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

Allowed
Analysis

The law does not address unpaid depiction of tobacco use or tobacco products in media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco products or tobacco use.

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.

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 Tobacco Control Law prohibits individuals, families, communities, society, legal entities, organizations from receiving sponsorships and support from tobacco companies and business operators, directly or indirectly, in the form of cash, loans, awards, scholarships, research, vehicles, materials, hospitality, gifts, as well as endorsements or participation in activities that demonstrate the corporate social responsibility of tobacco companies for commercial purposes. Similarly, civil servants are prohibited from receiving sponsorships and support from tobacco companies and business operators in the forms listed above and in the form of study tours. Separately, tobacco companies and business operators are prohibited from sponsoring, supporting, and organizing corporates social responsibility activities for tobacco business purposes. The law defines sponsorship to include "all types of direct and indirect support through any activity or means e.g. sponsorship for education, sport, art, culture, medical equipment, research, analysis, agriculture, livestock, or corporate social responsibility to encourage/promote the sale and use of tobacco products."

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

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

Banned
Analysis

The Law on Tobacco Control bans sponsorship by the tobacco industry. In addition, implementing Decree No. 369 specifically bans "advertising tobacco products through support or sponsorship . . . ."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco industry 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 Tobacco Control Law prohibits the tobacco industry from "mislead[ing] tobacco users on tobacco products characteristics e.g. [by using] trademarks, forms, colors or other logos." In addition, Agreement No. 1067 prohibits "any statements upon tobacco packaging materials that may cause consumers to misunderstand the characteristics and effects of tobacco on human health, such as: Mild, Medium, Light, Ultra-Light, Ultra-Mild, or Low Tar." Together these provisions prohibit promotion by any means that are false, misleading, or deceptive.

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.