Last updated: November 26, 2019
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all tobacco advertising and promotion. Therefore, tobacco advertising on domestic 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 domestic broadcast media.
Domestic newspapers and magazines
The law prohibits all tobacco advertising and promotion. Therefore, tobacco advertising in domestic newspapers and magazines is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting 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 tobacco advertising and promotion. Therefore, tobacco advertising in other domestic print media is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion in domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits all tobacco advertising and promotion. However, because the law does not explicitly prohibit tobacco advertising and promotion on international TV and radio, 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 on international TV and radio.
International newspapers and magazines
The law prohibits all tobacco advertising and promotion. However, because the law does not explicitly prohibit tobacco advertising and promotion in international newspapers and magazines, 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)
The law prohibits all tobacco advertising and promotion. Therefore, tobacco advertising via internet communications is prohibited.
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)
The law prohibits all tobacco advertising and promotion. Therefore, outdoor advertising is prohibited.
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)
The law prohibits all tobacco advertising and promotion. Therefore, advertising at the point of sale is prohibited.
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
The law prohibits the display of a tobacco product in such a way that the tobacco product is visible to the public. Tobacco products may be stored in a “cigarette dispenser” provided that the dispenser is opaque, does not bear a trademark, logo, or other identifying mark of a tobacco product, and has a health warning.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product displays.
Conventional mail
The law prohibits all tobacco advertising and promotion. Therefore, tobacco advertising via conventional mail is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to prohibiting tobacco advertising and promotion via conventional mail.
Telephone and cellular phone
The law prohibits all tobacco advertising and promotion. Therefore, tobacco advertising via telephone and cellular phone is prohibited.
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)
The law prohibits the sale, display for sale, supply and advertisement of a non-tobacco product or service (including a building, facility, premises, or business that manufactures tobacco products) that contains either on the product, or in an advertisement of the product, a depiction of a tobacco product. Although this provision does not appear to prohibit brand marking in other forms, such as through the use of words, designs, or colors, other practices are interpreted as being prohibited under the law’s general ban on tobacco advertising and promotion and the broad definition of “promotion.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking through words, designs, images, logos, sounds, or colors.
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 with respect 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 prohibits any direct or indirect consideration for the purchase or use of a tobacco product, including a bonus, premium, cash rebate or right to participate in a game, lottery or contest.
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
The law prohibits all tobacco advertising and promotion. “Promotion” is defined broadly to include “a commercial act or practice that is intended to or is likely to encourage or recommend a tobacco product or the use of a tobacco product, directly or indirectly.” This is interpreted as covering competitions associated with tobacco products or brand names.
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
The law prohibits all tobacco advertising and promotion. Therefore, direct person to person targeting of individuals is prohibited.
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)
The law prohibits the sale, display for sale, supply and advertisement of a non-tobacco product or service that contains either on the product, or in an advertisement of the product, a depiction of a tobacco product. "Non-tobacco product" includes a building, facility, premises, or business that manufactures tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching/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 does not explicitly address reverse brand sharing. However, the law prohibits all tobacco advertising and promotion. Given the broad definitions of “advertisement” and “promotion,” the law is interpreted as prohibiting reverse brand stretching.
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 prohibits the importation, manufacture, importation, sale, supply and distribution of toys in the form of tobacco products, or 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
The law prohibits the importation, manufacture, importation, sale, supply and distribution of sweets in the form of tobacco products, or 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
The law prohibits all tobacco advertising and promotion. “Promotion” is defined broadly to include “a commercial act or practice that is intended to or is likely to encourage or recommend a tobacco product or the use of a tobacco product, directly or indirectly.” This is interpreted as covering retailer incentive programs or other payments that encourage them to sell tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs (e.g., rewards to retailers for achieving certain sales volumes, enhancing displays, etc.) or other payments to encourage them to sell tobacco products.
Paid placement of tobacco products in TV, film or other media
The law prohibits all tobacco advertising and promotion. Therefore, paid placement of tobacco products in TV, film, or other media is prohibited.
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 prohibits all tobacco advertising and promotion. However, given the definition of “promotion” to include “a commercial act or practice,” it is not clear that unpaid depiction would be covered since it may not be considered “commercial” in nature.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit unpaid depiction of tobacco use and tobacco products.
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 bans any form of tobacco sponsorship where the name of a sponsoring entity is publicized. Because the law prohibits the sponsorship only when the name is publicized, 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 industry sponsorship of events, activities, individuals, organizations, or governments, regardless of whether such sponsorship is publicized.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law bans any form of tobacco sponsorship where the name of a sponsoring entity is publicized. Although other contributions are allowed, these contributions cannot be publicized. Therefore, the regulatory status code “Banned” is given.
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)
The law prohibits all tobacco advertising and promotion. The law also prevents information from appearing on a tobacco product package or label that is false, misleading, deceptive, or is likely or intended, directly or indirectly, to create an erroneous impression about the characteristics, health effects or other hazards of the tobacco product or its emission.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.
