Last updated: January 31, 2025
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising 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
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising 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)
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising in other domestic print media, such as pamphlets, leaflets, flyers, posters, signs (other than at point of sale) 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)
Tobacco advertising and promotion is generally prohibited. However, the ban does not apply to “commercial communications . . . in information society services . . . issued in, or issued from, countries outside the European Economic Area, provided they are not primarily intended for countries within the European Economic Area.” Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion through all internet communications, including international (cross-border) internet communications.
International TV and radio (including all broadcast media such as satellite and cable)
Tobacco advertising and sponsorship is generally prohibited. While there is an exemption for international tobacco advertising in print media and on the internet that is not primarily intended for countries within the European Economic Area, there is no similar exemption for international (cross-border) TV and radio. Therefore, the law is interpreted as prohibiting tobacco advertising and promotion on 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 (cross-border) TV and radio.
International newspapers and magazines
Tobacco advertising and promotion is generally prohibited. However, the ban does not apply to “commercial communications in the press and other printed publications, as well as in information society services . . . printed and issued in, or issued from, countries outside the European Economic Area, provided they are not primarily intended for countries within the European Economic Area.” Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion in international (cross-border) newspapers and magazines.
Outdoor advertising (e.g., billboards, posters)
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising in outdoor advertising 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)
The Tobacco Act contains a general prohibition on tobacco advertising, including at point of sale. However, the law provides for an exemption for “specialty stores.” Specialty stores include stores that 1) sell only tobacco products, related products, tobacco accessories, lottery tickets and newspapers, or 2) stores that had net sales not exceeding €700,000, 75% of which is derived from the sale of tobacco and related products. At these stores, advertising must not make a positive connection with health, must contain a health warning, must not be visible from outside the store, must not be in close proximity to products that are attractive to minors, must be within 5m of the shelf from which tobacco products are sold, and must not be attached on or to dispensers for products other than tobacco. Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion at all points of sale, including specialty stores.
Point of sale product display
The Tobacco Act generally prohibits the display and visibility of tobacco products at point of sale. However, the Act makes an exemption for specialty stores. Product displays must not be visible from outside the specialty store and must be displayed in such a way that the health warning on the pack is clearly visible. Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale product display, including in specialty stores.
Conventional mail
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising 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 through conventional mail.
Telephone and cellular phone
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. Therefore, tobacco advertising 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 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 generally prohibits tobacco advertising and promotion and specifically prohibits the use of a tobacco name, trademark, symbol or any other distinctive sign on other types of goods and services. Therefore, brand marking on physical structures 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
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 generally prohibits tobacco advertising, which is defined to include “any action in the economic sphere designed to promote the sale of tobacco products”. Therefore, promotions with a tobacco product purchase are banned.
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
Tobacco advertising and sponsorship is prohibited, with limited exceptions at point of sale. In addition, the law specifically bans the use of names, (figurative) marks or other distinctive signs which, due to their strong resemblance, reasonably give the public the impression that it is sponsorship by a manufacturer or seller of tobacco products or related products. These provisions together are interpreted as prohibiting competitions associated with tobacco products.
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 generally prohibits tobacco advertising, which is defined to include “any action in the economic sphere designed to promote the sale of tobacco products”. This is interpreted as including direct person to person targeting of individuals.
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 generally prohibits tobacco advertising and promotion and specifically prohibits the use of a tobacco name, trademark, symbol or any other distinctive sign on other types of goods and services. Therefore, brand stretching is prohibited.
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 the use of a name, trademark, symbol or any other distinctive sign of another product or service on a tobacco product or related product. Therefore, reverse brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching.
Toys that resemble tobacco products
The law does not address toys that resemble tobacco products. Therefore, the law is interpreted as allowing toys that resemble tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit toys that resemble tobacco products.
Candy that resembles tobacco products
The law does not address candy that resembles tobacco products. Therefore, the law is interpreted as allowing candy that resembles tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit 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 generally prohibits tobacco advertising, which is defined to include “any action in the economic sphere designed to promote the sale of tobacco products”. This is interpreted as including 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 generally prohibits tobacco advertising and expressly prohibits product placement of tobacco products and related products in 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 product placement, both paid and unpaid. However, the law does not unpaid address tobacco use in entertainment media. Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment 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 all tobacco sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, and governments.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits tobacco advertising and sponsorship. Therefore, there can be no publicity of tobacco 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 tobacco advertising. The law also prohibits on tobacco product packaging the use of any symbol, name, mark, figurative sign or other element that creates an erroneous impression about the characteristic or health effects of a tobacco product or creates an impression that a particular tobacco product is less harmful than others. Taken together, these provisions prohibit all 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 the promotion of tobacco products by false, misleading or deceptive means.
