Last updated: December 9, 2023

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include domestic TV and radio.

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

Some Restrictions
Analysis

The law prohibits most tobacco advertising and promotion, but there are exceptions for information or brand-preference advertising in a publication provided by mail and addressed to an adult smoker identified by name or in a publication that has an adult readership of at least 85%. 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 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)

Some Restrictions
Analysis

The law prohibits most tobacco advertising and promotion, but there is an exception for information or brand-preference advertising via signs in a place where children are not permitted by law. Because some signs are allowed, 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 via other domestic print media.

International TV and radio (including all broadcast media such as satellite and cable)

Uncertain
Analysis

The law does not explicitly ban tobacco advertising and promotion via international or cross-border TV and radio. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international TV or radio.

International newspapers and magazines

Uncertain
Analysis

The law does not explicitly ban tobacco advertising and promotion in international newspapers and magazines. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit tobacco advertising and promotion via international newspapers and magazines.

Internet communications

Internet communications (not sales)

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion via internet communications.

Outdoor advertising (e.g., billboards, posters)

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include outdoor advertising.

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

Point of sale advertising/promotion

Point of sale advertising/promotion (other than product displays)

Some Restrictions
Analysis

The law prohibits most tobacco advertising and promotion, but there is an exception for information or brand-preference advertising via signs in a place where children are not permitted by law. Because some signs are allowed, which may include signs at points of sale that are restricted to adults only, 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 at the point of sale.

Point of sale product display

Banned
Analysis

The law prohibits the display of tobacco products in such a way that they are visible to the public. Cigarette dispensers are permitted provided that they do not advertise or promote tobacco products. Dispensers must be white or grey and made of opaque material and not display any trademarks or company logos. They are limited to one per sales outlet and may not exceed one cubic meter in size.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product displays.

Conventional mail

Some Restrictions
Analysis

The law prohibits most tobacco advertising and promotion. However, the law makes an exception for information or brand- preference advertising in a publication that is provided by mail and addressed to an adult smoker who is identified by name. 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 via conventional mail.

Telephone and cellular phone

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion 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)

Some Restrictions
Analysis

The law prohibits the sale, display, supply, and advertisement of any non-tobacco product or service that contains either on the product, or in any advertisement of the product, a depiction of a tobacco product except where the person held the intellectual property rights to that product prior to the commencement of the law. A non- tobacco product includes a building, facility, premises, or business that is not a building, facility, or business that manufactures tobacco products exclusively. Because of the exception, however, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit brand marking without exception.

Free distribution of tobacco products

Allowed
Analysis

The law does not address the free distribution of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meet FCTC Art. 16, the law should prohibit 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)

Some Restrictions
Analysis

The law prohibits promotions with a tobacco product purchase, including any direct or indirect consideration for the purchase or use of a tobacco product, including a bonus, premium, or cash rebate. However, because “normal” trade discounts and rebates are allowed, although these are not defined, 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 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

Banned
Analysis

The law prohibits any 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 or brand names.

Direct person to person targeting of individuals

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include direct person-to-person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.

Brand stretching/trademark diversification

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Some Restrictions
Analysis

The law prohibits the sale, display for sale, supply, and advertisement of any non-tobacco product or service that contains either on the product, or in any advertisement of the product, a depiction of a tobacco product except where the person held the intellectual property rights to that product prior to the commencement of the law. Because of the exception, 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 brand stretching/trademark diversification without exception.

Reverse brand stretching or brand sharing

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Allowed
Analysis

The law does not specifically address reverse brand stretching. “Tobacco advertising and promotion” is defined broadly and, as a result, the law could be interpreted as prohibiting reverse brand stretching under the general ban on tobacco advertising and promotion. However, because brand stretching is specifically addressed but reverse brand stretching is not, the law is interpreted as permitting reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit reverse brand stretching.

Toys that resemble tobacco products

Banned
Analysis

The law prohibits the importation, manufacture, sale, display, distribution, and supply of toys which imitate tobacco products.

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

Banned
Analysis

The law prohibits the importation, manufacture, sale, display, distribution, and supply of sweets and snacks which imitate tobacco products.

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

Allowed
Analysis

The law does not specifically address payments or rewards to retailers. (Note: Displays are banned, and therefore retailers cannot be provided incentives to enhance displays.)

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should explicitly prohibit retailer incentive programs.

Paid placement of tobacco products in TV, film or other media

Banned
Analysis

The law prohibits tobacco advertising and promotion with a few exceptions which do not include paid placement of tobacco products in TV, film, or other media. Paid placement falls within the definition of “tobacco advertising and promotion” as it is a commercial communication and an action for the purpose of promoting a tobacco product.

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

Banned
Analysis

The law does not specifically address unpaid depiction of tobacco products or use in the media. However, the law prohibits tobacco advertising and promotion with a few exceptions which do not apply to unpaid depiction. Given the broad definition of “tobacco advertising and promotion,” the law is interpreted as prohibiting unpaid depiction of tobacco products or use under the general ban on tobacco advertising and promotion.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines by prohibiting unpaid depiction of tobacco use and tobacco products in 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)

Allowed
Analysis

The law prohibits tobacco sponsorship only where the name of a sponsoring entity is publicized. However, the law does not appear to prohibit the underlying financial or other contribution itself. Therefore, the regulatory status code “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all 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

Banned
Analysis

The law prohibits tobacco sponsorship where the name of a sponsoring entity is publicized. The law, therefore, bans the publicity of tobacco industry contributions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to banning publicity of tobacco industry contributions.

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)

Some Restrictions
Analysis

The law does not specifically address promotion by means that are false, misleading, deceptive or likely to create an erroneous impression about characteristics, health effects, hazards or emissions of tobacco products. Although nearly all forms of tobacco advertising and promotion are prohibited, the law includes exceptions for limited forms of advertising, including information or brand-preference advertising in a publication mailed to an adult smoker or on signs posted in places where children are not permitted.

On product packaging, however, the law prohibits the use of any information that is false, misleading, deceptive, or is likely or intended to create an erroneous impression about the product’s characteristics, health effects, other hazards, or emissions.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.