Romania

The law prohibits advertising of tobacco products on TV, radio, and any other form of audiovisual commercial communication.

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.

The law prohibits tobacco advertising and promotion in domestic newspapers and magazines.

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

The law prohibits tobacco advertising in “print media” and “on billboards, awnings or any other display structure regardless of the type of material used to produce them.” Taken together, these two provisions are interpreted to prohibit tobacco advertising on all domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.

The law contains an exception for advertising in publications intended exclusively for professionals in the trade of tobacco products. Nonetheless, because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, the regulatory status code "Banned" is given. 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.

The law prohibits advertising of tobacco products on TV, radio, and any other form of audiovisual commercial communication. Under Law No. 504/2002 (the Audiovisual Law), the prohibition on audiovisual tobacco advertising applies to all media service providers under Romanian jurisdiction, which includes both those operating in Romania and those using satellite up-links belonging to or appertaining to Romania. Therefore, tobacco advertising on international TV and radio is prohibited.

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.

The law prohibits tobacco advertising in print media with the exception of: 1) advertising in trade publications, and 2) “publications that have not been edited or printed in Romania or in a Member State of the European Union and are primarily not intended for the Romanian or Community market.” Because of the second exemption, the regulatory status code “Some Restrictions” is given.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of the country of origin and principal target market.

Article 3(1)(e) of Law No. 457/2002 prohibits advertising of tobacco products through “information society services,” which includes internet communications. However, the law provides for an exception to the ban on tobacco advertising on information society services for “publications that have not been edited or printed in Romania or in a Member State of the European Union and are primarily not intended for the Romanian or Community market.” Therefore, tobacco advertising through internet communications that originate outside Romania or the EU and are not primarily intended for Romania or the EU are not prohibited. Because of this exemption, the regulatory status code “Some Restrictions” is given.

Because the law restricts tobacco advertising via internet communications, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states: “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all internet communications, regardless of the country of origin and principal target market.

Article 3(1)(d) of Law No. 457/2002 prohibits advertising of tobacco products “on billboards, awnings or any other display structures regardless of the type of material used to produce them, of the site where they are placed or the type of fees owed . . . .” The law also prohibits tobacco advertising “by using tobacco products brands or messages that promote smoking written or placed on the outside of any transport, and on the inside or outside of any public transport.”

Taken together, these provisions are interpreted as prohibiting all outdoor advertising of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising of tobacco products.

The law prohibits advertising of tobacco products on billboards or other display structures “with the exception of those installed in departments dedicated exclusively to the sale of tobacco products within commercial establishments.” Therefore, the regulatory status code "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, including all point of sale advertising and promotion.

The law does not address point of sale product display. Therefore, the law is interpreted as allowing point of sale product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco product display, including the visibility of tobacco products, at point of sale.

The law does not directly address tobacco advertising and promotion through conventional mail. However, Law No. 457 of 2004 prohibits advertising of tobacco products “in print media and in any other publications and printed materials.” Because advertising through conventional mail uses printed materials, the law is interpreted as prohibiting tobacco advertising through conventional mail.

The law contains an exception for advertising in publications intended exclusively for professionals in the trade of tobacco products. It is possible that these publications would be distributed by mail. However, because FCTC Art. 13 Guidelines paras. 32-34 provide for a tobacco trade exemption, the regulatory status code "Banned" is given. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

The law does not address tobacco advertising and promotion via telephone and cellular (mobile) phone. Therefore, the law is interpreted as allowing tobacco advertising by telephone and cellular (mobile) phone.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by telephone and cellular (mobile) phone.

Law No. 457 of 2004 prohibits tobacco advertising “on billboards, awnings or any other display structures regardless of the type of material used to produce them, of the site where they are placed or the type of fees owed”, “by using tobacco products brands . . . for services unrelated to the sale of tobacco products” and “by using tobacco products brands or messages that promote smoking written or placed on the outside of any transport, and on the inside or outside of any public transport.” Taken together, these provisions are interpreted as prohibiting brand marking on venues, structures, and vehicles.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

Law No. 457 of 2004 prohibits free distribution of tobacco products to youth under 18 years of age and at sponsored events (tobacco sponsorship of some, but not all, events is permitted).

The law meets FCTC Art. 16 in that it prohibits free distribution of tobacco products to youth under 18 years of age. However, the law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the free distribution of tobacco products to the general public in all settings.

Law No. 201/2016 prohibits coupons and other discount offers from being included/displayed on tobacco product packaging and labeling. However, the law does not appear to prohibit promotional activities themselves. Because of the packaging restrictions, the regulatory status code “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, including promotions with a tobacco product purchase. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

The law does not address competitions associated with tobacco products. Therefore, the law is interpreted as allowing competitions associated with tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco promotion, including competitions associated with tobacco products. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

The law does not address tobacco promotion through direct person to person targeting of individuals. Therefore, the law is interpreted as allowing direct person to person targeting of individuals.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person to person targeting of individuals. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Law No. 349 of 2002 prohibits “the use of a tobacco logo or brand name to promote or market other products.” Law No. 457 of 2004 contains a similar prohibition but allows for one exception. Specifically, Law No. 457 of 2004 prohibits tobacco advertising “by using tobacco products brands on products other than tobacco products or for services unrelated to the sale of tobacco products, with the exception of products used for smoking, such as ashtrays, lighters and matchsticks.” Because of the exception in Law No. 457 of 2004 for ashtrays, lighters, and matchsticks, 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 brand stretching, including on items such as ashtrays, lighters, and matchsticks.

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 prohibit all tobacco advertising and promotion, including reverse brand stretching. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Law No. 457 of 2004 prohibits advertising of tobacco products “through the sale or offering of free food products or toys manufactured with the clear intent of making the product and/or its packaging resemble a type of tobacco product.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

Law No. 457 of 2004 prohibits advertising of tobacco products “through the sale or offering of free food products or toys manufactured with the clear intent of making the product and/or its packaging resemble a type of tobacco product.” Therefore, candy that resembles a tobacco product is forbidden.

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

The law does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

Law No. 504 of 2002, the Audiovisual Law, prohibits product placement of tobacco products or cigarettes in audiovisual broadcasts, which includes TV and online streaming. In addition, Law No. 457 of 2004 prohibits advertising of tobacco products “at entertainment venues, in movie theaters or other type of video projection halls for the public”. This provision in Law No. 457 of 2004 prohibits direct advertising in a theatre, but does not necessarily prohibit product placement within a film itself (which may be downloaded or purchased in DVD format). Therefore, the law is interpreted as restricting but not fully prohibiting all paid placement of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including paid placement of tobacco products in TV, film, and other media. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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 use or tobacco products.

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.

The law restricts tobacco industry sponsorship of events and activities. Specifically, Law No. 457 of 2004 prohibits tobacco industry sponsorship of “events or activities with cross-border effects, or which involve or take place in at least two Member States of the European Union, one of which is Romania,” “events and activities intended for youth under 18 years of age,” and “events and activities that take place at medical facilities or at medico-pharmaceutical educational facilities.” In addition, Law No. 504 of 2002 prohibits tobacco industry sponsorship of TV and radio programs. Tobacco industry sponsorship of other types of events, such as those solely within and involving Romania intended for those above 18 years of age, are permitted. In addition, contributions to corporate social responsibility programs are permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco industry sponsorship of all events, activities, individuals, groups, organizations, and government.

The law restricts tobacco industry sponsorship. Specifically, tobacco industry sponsorship of “events or activities with cross-border effects, or which involve or take place in at least two Member States of the European Union, one of which is Romania,” “events and activities intended for youth under 18 years of age,” and “events and activities that take place at medical facilities or at medico-pharmaceutical educational facilities” are prohibited. Tobacco industry sponsorship of other types of events and activities are allowed. Consequently, there can be no publicity of sponsorship that is prohibited but publicity of permitted sponsorship is allowed (to the extent that tobacco advertising and promotion is permitted).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco industry sponsorship, and publicity thereof, for all events, activities, individuals, groups, organizations, and government.

Law No. 2016/2016 prohibits on tobacco product packaging any feature or element that creates an erroneous impression a tobacco product’s health characteristics, health effects, risks or emissions.” Such elements and features include terms/text, symbols, names, trademarks, and figurative or other signs.

However, there is no provision addressing directly promotion by means (other than packaging) that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product. Therefore, such means of promotion is permitted to the extent that tobacco advertising and promotion is permitted under Law No. 457/2004. Because of the restrictions on product packaging, which is a means of advertising, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.