Last updated: June 30, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising by radio and TV broadcast.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic broadcast media.
Domestic newspapers and magazines
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising in the print press or media using information and communication technology.
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 broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising on posters, billboards, brochures or signs.
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.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all direct or indirect advertising of tobacco, its products and derivatives. Additionally, the law specifically prohibits advertising by radio and TV broadcast. Further, the implementation decree prohibits any national or cross-boundary activities involving advertising and direct or indirect promotion. Therefore, international TV and radio advertising is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international broadcast media.
International newspapers and magazines
The law prohibits all direct or indirect advertising of tobacco, its products and derivatives. Additionally, the law specifically prohibits advertising by print media or other communication technology. Further, the implementation decree prohibits any national or cross-boundary activities involving advertising and direct or indirect promotion. Therefore, advertising in international 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 via international newspapers and magazines.
Internet communications
Internet communications (not sales)
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.
Outdoor advertising (e.g., billboards, posters)
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising in posters, billboards and signs.
However, as of the date of this review, required subsidiary legislation (e.g., implementing decrees and administrative orders) has not been issued by the designated regulatory authority to implement these provisions.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on outdoor advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law prohibits point of sale advertising and promotion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.
Point of sale product display
The law prohibits point of sale product display. The only item that may be displayed within a tobacco shop is a list of tobacco products and their prices without any promotional or advertising character.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.
Conventional mail
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising by any means of communication intended to be read, seen or heard when individual transmissions are directed at several people.
Therefore, these provisions are interpreted as prohibiting tobacco product advertising via conventional mail because this would constitute individual transmissions directed at many individuals.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product advertising via conventional mail.
Telephone and cellular phone
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising by any means of communication intended to be read, seen or heard when individual transmissions are directed at several people.
Therefore, these provisions are interpreted as prohibiting tobacco product advertising via telephone and cellular phone because this would constitute individual transmissions directed at many individuals.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product advertising via 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 broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising by any means of communication intended to be read, seen or heard when individual transmissions are directed at several people.
Therefore, these provisions are interpreted as prohibiting tobacco product advertising via brand marking because this would constitute individual transmissions directed at many individuals.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product advertising via brand marking.
Free distribution of tobacco products
The law prohibits the free distribution of tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sale to minors) 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 offering or directly or indirectly giving something away to a purchaser in exchange for the purchase of a tobacco product, such as a gift, premium, discount or the right to participate in a drawing, lottery or contest. Therefore, promotion with a tobacco product purchase is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion 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 broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits giving something, directly or indirectly, to a purchaser or a third party in exchange for the purchase of a tobacco product, including through contests. Therefore, competitions associated with a tobacco product 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 tobacco advertising by any means of communication intended to be read, seen, or heard by more than one person at a time, as well as when individual transmissions are directed to several persons. Therefore, direct person to person targeting of individual is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to person to person targeting individual.
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 broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law also specifically prohibits advertising and promotion of an item bearing by its vocabulary, graphic appearance, shape, color or in any other way that directly or indirectly brings to mind tobacco or tobacco products. Therefore, brand stretching and trademark diversification are prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching and 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 bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it, particularly by any means of communication intended to be seen by more than one person at a time. This broad ban is interpreted as prohibiting reverse brand stretching or brand sharing.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching or brand sharing.
Toys that resemble tobacco products
The law prohibits the manufacture, free distribution and sale of toys or any other object with the shape of a tobacco product or that calls to mind 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
The law prohibits the manufacture, free distribution and sale of toys or any other object with the shape of a tobacco product or that calls to mind 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
The law broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. The law further prohibits any activities involving advertising and direct or indirect promotion, through any medium whatsoever. This is interpreted as including retail incentive programs. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
Paid placement of tobacco products in TV, film or other media
The law does not specifically address paid placement of tobacco products in TV, film or other media. However, the law broadly bans all direct or indirect advertising of tobacco products and specifically bans the broadcasting of tobacco product advertising in TV and other media. The law further prohibits any activities involving advertising and direct or indirect promotion, through any medium whatsoever. Taken together, these provisions are interpreted as banning paid placement of tobacco products.
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 does not specifically address unpaid placement of tobacco products in TV, film or other media. However, the law broadly bans all direct or indirect advertising of tobacco products and specifically bans the broadcasting of tobacco product advertising in TV and other media. Taken together, these provisions are interpreted as banning paid placement of tobacco products that do not serve a legitimate purpose.
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 that do 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 industry sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law prohibits all tobacco industry 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 broadly bans all direct or indirect advertising and promotion of tobacco, its products and derivatives, and the companies that manufacture, sell or distribute it. Additionally, the law prohibits “any packaging or labeling of tobacco products that contributes to the promotion of a particular product by any means likely to give an erroneous impression regarding the characteristics, effects on health, risk or emissions of the product, including descriptive terms, trademarks, figurative signs or others that directly or indirectly give the erroneous impression that one tobacco product is less harmful than others is prohibited.”
The law is silent about the use of misleading terms, descriptors, symbols, etc. in advertising, however because there is a ban on advertising in general, such types of advertising should not be permitted.
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.
