Last updated: September 29, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement” 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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” 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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters and signs is banned.
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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion through TV and radio is banned. The law, however, makes no mention of its application to international broadcast media. Therefore, the regulatory status of "Uncertain" has been assigned.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including TV, radio, and other means of broadcast such as satellite and cable.
International newspapers and magazines
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion in domestic newspapers and magazines is banned. The law, however, makes no mention of its application to international print media. Therefore, the regulatory status of "Uncertain" has been assigned.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including TV, radio, and other means of broadcast such as satellite and cable.
Internet communications
Internet communications (not sales)
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion through 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.
Outdoor advertising (e.g., billboards, posters)
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion via outdoor advertising is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via outdoor advertising such as billboards and posters.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products” and includes “the use of tobacco trademarks, logos, brand names and company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion at point of sale is banned.
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 does not explicitly address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.
(However, it should be noted that the law prohibits tobacco advertising and promotion and includes broad definitions of these terms. Therefore, it may be possible to interpret the law as prohibiting point of sale product display because, pursuant to paragraph 12 of the FCTC Art. 13 Guidelines, “Display of tobacco products at points of sale in itself constitutes advertising and promotion.”)
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco product display at points of sale.
Conventional mail
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion via 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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” tobacco advertising and promotion via telephone and cellular phones is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephones and cellular phones.
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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” the law bans all forms of brand marking.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with regard to brand marking.
Free distribution of tobacco products
The law prohibits a manufacturer, distributor, importer or retailer of tobacco products from distributing or supplying tobacco products for free to any person for subsequent distribution. This indicates that free distribution to an individual consumer may be allowed so long as that person does not subsequently distribute the free product.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the free distribution of tobacco products regardless of whether a person subsequently distributes the product.
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 specifically prohibits the offer of a tobacco product as a “gift, cash rebate, or right to participant in any contest, lottery or game” in consideration of the purchase of a tobacco product. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
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 tobacco manufacturers, importers, distributors and retailers from making financial contributions to or promoting any activity in Namibia that is carried out for entertainment, sport or recreation, educational or cultural purposes that uses a tobacco product name, brand element or a tobacco manufacturer’s company name. Also, the law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products” where the definition of “advertisement” includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking.” Taken together, these provisions prohibit competitions associated with tobacco products or brand names.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
Direct person to person targeting of individuals
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” it is unclear whether direct one-on-one marketing practices would be covered under the prohibition of promotions aimed “at the public.”
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and to clarify the scope of the ban, the law should define "tobacco advertising and promotion" in accordance with the FCTC definition.
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 publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” the law prohibits brand stretching.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” the law prohibits reverse brand stretching.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
Toys that resemble tobacco products
The law prohibits the selling or displaying of “replica toy or candy tobacco products” at any point of sale.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale of any toys that resembles a tobacco product.
Candy that resembles tobacco products
The law prohibits the selling or displaying of “replica toy or candy tobacco products” at any point of sale.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the sale of any candy that resembles a tobacco product.
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
There are no provisions specifically addressing retailer incentive programs or other payments to retailers to encourage the sale of tobacco products. However, these activities are interpreted to be banned under the comprehensive advertising, promotion and sponsorship ban provided for in the law because the regulations provide for a phase out period (6 months from effective date of the law) of existing contracts or agreements relating to advertising, promotion and sponsorship of tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the ban on retailer incentive programs.
Paid placement of tobacco products in TV, film or other media
The law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Therefore, read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” the law prohibits paid placement of tobacco products in TV, film or other media.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
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 does not specifically address unpaid depiction of tobacco products or tobacco use, but prohibits publishing, displaying or broadcasting "an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products." It is uncertain whether unpaid depiction would fall under the definition of “advertisement” and thus be prohibited under the law. Therefore, the regulatory status “Uncertain” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction 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)
The law prohibits the tobacco industry from making any financial contribution to any organized activity that takes place in Namibia, or to any person participating in the organized activity. “Organized activity” is defined as any activity or event organized for the purpose of entertainment, sport, recreation, education, or culture where a tobacco product, brand element, or tobacco manufacturer’s company name is used in the name of or portrayal of the activity or event. Additionally, the regulations phase out existing sponsorships in place. The restrictions only apply to certain organized activities, and do not cover donations to individuals, organizations, or governments.
The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to contributions. To align, the law should prohibit all contributions to activities, individuals, organizations, or governments that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits the tobacco industry from making financial contributions to or promoting any organized activity carried out for entertainment, sport, recreation, educational, or cultural purposes that uses a tobacco product name, brand element, or a tobacco manufacturer’s company name. Additionally, the regulations provide for a phase out period of existing contracts or agreements. The law does not prohibit publicity of all sponsorship activities, such as corporate social responsibility campaigns.
The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. To align, the law should prohibit all tobacco sponsorship and publicity thereof.
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 regulations ban misleading tobacco packaging and labeling. Also, the law prohibits publishing, displaying or broadcasting “an advertisement relating to the use of tobacco products, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products.” Read together with the definition of “advertisement,” which includes any “visual image . . . and any other message . . . aimed at the public and designed to promote or publicise a tobacco product or to promote smoking,” the law prohibits virtually all promotion of tobacco products.
Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
