Last updated: February 26, 2024
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 promotion of tobacco products, which includes broadcasts on radio and other means of telecommunication and “commercial communication to any member of the public, through media or by any other means and in any medium and format.” Therefore, tobacco advertising and promotion on domestic TV and radio and other domestic broadcast media is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV, radio, and other broadcast media (e.g., satellite, cable).
Domestic newspapers and magazines
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication to any member of the public, through media or by any other means and in any medium and format.” Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.
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 promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or by any other means and in any medium and format.” Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or any other means and in any medium and format.” However, the law makes no mention of a ban of advertising and promotion via international broadcast media. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit tobacco advertising and promotion via international media, including TV, radio, and other means of broadcast such as satellite and cable.
International newspapers and magazines
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or any other means and in any medium and format.” However, the law makes no mention of a ban of advertising and promotion by 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 clearly prohibit tobacco advertising and promotion in international newspapers and magazines.
Internet communications
Internet communications (not sales)
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or any other means and in any medium and format.” Therefore, tobacco advertising and promotion via internet communications is prohibited.
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)
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or by any other means and in any medium and format.” Therefore, outdoor tobacco advertising is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising (e.g., billboards, posters).
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law prohibits advertising and promotion of tobacco products at the point of sale or within any shop or retail setting.
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
The law prohibits the display of tobacco products at the point of sale of retail sellers “except in duty-free shops at the airports of Mauritius and Rodrigues.”
For the law to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all product displays should be banned, including at all duty-free shops.
Conventional mail
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or by any other means and in any medium and format.” Therefore, tobacco advertising and promotion by conventional mail is prohibited.
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
The law prohibits advertising and promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or by any other means and in any medium and format” and “to publicise or broadcast … in printed, audible or other form.” Therefore, tobacco advertising and promotion by telephone and cellular phone is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone or 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 promotion of tobacco products through media or any other means. The law specifically prohibits the use of a brand name or brand element on: 1) a permanent facility, a vehicle, or an equipment, unless such facility is owned or leased and used by the manufacture; 2) an accessory; and 3) non-tobacco products. Therefore, advertising and promotion of tobacco products by brand marking is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion of tobacco products by brand marking.
Free distribution of tobacco products
The law prohibits advertising and promotion of tobacco products. The definition of “promote” includes “the offer or supply of a tobacco product free of charge.” Thus, free distribution of tobacco products is prohibited.
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 prohibits advertising and promotion of tobacco products. The definition of “promote” includes “actions such as the offer or supply of a tobacco product…at a discounted price, pursuant to a lottery or otherwise, price promotions, provision of gifts or discounted products in connection with a purchase.” Thus, promotions with a tobacco product purchase are prohibited.
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 promotion of tobacco products. The definition of “promote” means “any act intended to or likely to encourage, directly or indirectly, the purchase or use, or to create an awareness, of tobacco products” and includes “actions such as the offer or supply of a tobacco product… pursuant to a lottery or otherwise.” Thus, competitions associated with tobacco products are prohibited.
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 promotion of tobacco products. The definition of “advertise” includes “any…commercial communication through media or by any other means and in any medium and format.” Therefore, direct person to person targeting of individuals is prohibited.
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)
The law prohibits advertising and promotion of tobacco products through media or any other means. The law specifically prohibits the use of a brand name or brand element on non-tobacco products. Therefore, advertising and promotion of tobacco products by brand stretching/trademark diversification is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising and promotion of tobacco products by brand stretching/trademark diversification.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The law broadly prohibits advertising and promotion of anything associated with a tobacco product. The definition of “promote” means “any act intended to or likely to encourage, directly or indirectly, the purchase or use, or to create an awareness, of tobacco products.” The use of non-tobacco brand names on tobacco products falls within this definition. Therefore, the law is interpreted as prohibiting reverse brand stretching.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to reverse brand stretching.
Toys that resemble tobacco products
The law prohibits the sale of toys that resemble a tobacco product.
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 the sale of confectionery or other food products that resemble a tobacco product.
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 promotion of tobacco products. The definition of “promote” includes “payments or other contributions to retailers…including any incentive programmes.” Therefore, retailer incentive programs are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The law prohibits advertising and promotion of tobacco products, including paid placement of a tobacco product or brand element in the context of any commercial communication including film, video, social media or other medium.
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.
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 advertising and promotion of anything associated with a tobacco product. The definition of “promote” means “any act intended to or likely to encourage, directly or indirectly, the purchase or use, or to create an awareness, of tobacco products.” Unpaid depiction falls within this definition. Therefore, the law is interpreted as prohibiting unpaid depiction of tobacco use or tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products in media 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)
The law prohibits sponsorship in relation to a tobacco product, a trademark, manufacturer’s name, logo, brand name or other brand element associated with a tobacco product, or any other such thing associated with a tobacco product. “Sponsorship” is defined as “any form of contribution to any event, activity or individual, or publication of such contribution, with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.” Therefore, tobacco industry sponsorship of events, activities, individuals, organizations, or governments is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, or governments.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits offering any sponsorship in relation to a tobacco product, a trademark, manufacturer’s name, logo, or brand name associated with a tobacco product, or any other such thing associated with a tobacco product. “Sponsorship” is defined as “any form of contribution to any event, activity or individual, or publication of such contribution, with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.” Therefore, because tobacco sponsorship is banned, there can be no publicity 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 prohibits all forms of tobacco advertising and promotion. The law also prohibits tobacco packaging and labeling that is false, misleading, or deceptive or is likely to create an erroneous impression about its characteristics, health effects, hazard, or emissions. Therefore, all forms of false, misleading, and deceptive promotion are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to promotion of tobacco products by means that are false, misleading or deceptive, or that are likely to create an erroneous impression.