Last updated: August 18, 2020
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on domestic TV, radio, and other broadcast media (e.g., satellite, cable) is banned.
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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, 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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in other domestic print media 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.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion on international TV, radio, and other broadcast media (e.g., satellite, cable) is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international broadcast media.
International newspapers and magazines
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion in international 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 international newspapers and magazines.
Internet communications
Internet communications (not sales)
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, 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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through outdoor advertising is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through outdoor advertising.
Point of sale advertising/promotion
Point of sale advertising/promotion (other than product displays)
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship, including point of sale advertising and promotion. The law permits only a price list of prescribed size and form within retail establishments licensed to sell tobacco products.
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
Article 9 prohibits the sale of tobacco in a manner in which it can be handled by the consumer before purchase. Thus, in-front-of-counter displays are prohibited. Because the visibility of tobacco products behind the counter is not specifically prohibited, the law is interpreted as allowing the visibility of tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display and visibility.
Conventional mail
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through 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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Therefore, tobacco advertising and promotion through telephone and cellular phone is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through 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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. The broad definition of “advertisement,” which encompasses any commercial “communication, act or practice,” including “images, colours and any other graphics” that has the “likely effect of promoting a tobacco product,” covers brand marking. Therefore, all forms of brand marking are banned.
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 specifically prohibits the distribution of a tobacco product as a sample, gift, bonus, or prize.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard. The law also meets Art. 16 with regard to 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 specifically prohibits the provision of a tobacco product as an incentive, gift, sample, bonus, or prize. Although the law does not specifically prohibit the provision of other gifts and prizes in conjunction with the purchase of a tobacco product, the definition of “advertising” is broad enough to include this promotional practice. Therefore, the law is interpreted as prohibiting all promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.
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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. The broad definition of “advertisement,” which includes any commercial “communication, act or practice,” that has the “effect or likely effect of promoting a tobacco product,” encompasses competitions associated with tobacco products. Therefore, this form of advertising and promotion is prohibited.
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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” direct targeting of individuals with promotional information is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this regard.
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 specifically prohibits the use of “any name, logo, brand name, colour, graphic, or other indicia associated or likely to be associated with a tobacco product, tobacco manufacturer or seller on a non tobacco product.” Thus, brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
Reverse brand stretching or brand sharing
Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)
The law specifically prohibits the use of “any logo, slogan, trademark or brand name of a non tobacco product or service on a tobacco product.” Thus, reverse brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
Toys that resemble tobacco products
The law prohibits manufacture, import, supply, display, distribution, and sale of sweets, snacks, toys, or other non-tobacco products resembling tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture or sale of any non-tobacco product that resembles a tobacco product.
Candy that resembles tobacco products
The law prohibits manufacture, import, supply, display, distribution, and sale of sweets, snacks, toys, or other non-tobacco products resembling tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the manufacture or sale of any non-tobacco product 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
The law prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” which includes any commercial act or practice that has the effect or likely effect of promoting tobacco use, retailer incentive programs are covered by the definition. Thus, retailer incentive programs are banned.
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 prohibits all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Given the broad definition of “advertisement,” which includes any commercial act or practice that has the effect or likely effect of promoting tobacco use, paid placement of tobacco products is banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.
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 all forms of domestic and cross-border tobacco advertising, promotion and sponsorship. Because the definition of “advertisement” refers only to “commercial” acts and practices, it is unclear if “unpaid” depiction of tobacco products is prohibited, as this might not be considered commercial in nature.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with the FCTC Art. 13 Guidelines paras. 29-32, such as certification that no consideration was given in exchange for the depiction and, for media entertainment products, prohibition of depiction of brand images, required display of anti-tobacco advertisements, and a ratings or classification system.
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 any form of direct or indirect domestic or cross-border tobacco sponsorship. “Tobacco sponsorship” is defined as “a public or private contribution made to a person, a team or an event with the aim, effect or likely effect of promoting a tobacco product, manufacturer, an importer, or tobacco use directly or indirectly.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products. For better clarity, the law should prohibit contributions to any organization as opposed to “teams,” which may be narrowly construed.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
All contributions by the tobacco industry are prohibited. Therefore, there can be no publicity of such sponsorship.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship.
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. Consequently, all forms of misleading promotion are likewise prohibited. Therefore, the regulatory status "Banned" is given.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.