Ukraine

The law prohibits all advertising of tobacco products, including “on radio and television, including cable, satellite, IP television, online television, mobile television, digital television and other types of signal broadcasting.” Therefore, tobacco advertising and promotion is prohibited on all domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.

The law prohibits all advertising of tobacco products, including “in scientific, popular science, educational, social and political, reference, literary and artistic publications, publications for children and adolescents, publications for leisure and recreational activities, sports and other publications, including in all printed mass media,” without exception. Therefore, tobacco advertising and promotion is banned in all print media, including domestic newspapers and magazines.

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

The law prohibits all advertising and promotion of tobacco products including “in all printed mass media.” In addition, the law specifically prohibits “indoor advertising,” “outdoor advertising,” and “advertising on transport.” Therefore, all tobacco advertising and promotion via 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 via domestic print media.

The Law on Advertising prohibits advertising of tobacco products on radio and television, and specifically includes “cable, satellite, IP television, online television, mobile television, digital television and other types of signal broadcasting.” This could be interpreted as prohibiting tobacco advertising and promotion on international TV and radio, as international broadcasts come in over these forms of technology. However, it is unclear whether the Ukrainian broadcasting authority has the competence and authority to control international broadcast. In addition, the legislation does not explicitly apply to international broadcasts. Therefore, the regulatory status code “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international TV and radio is prohibited.

The Law on Advertising prohibits tobacco advertising and promotion in “scientific, popular science, educational, social and political, reference, literary and artistic publications, publications for children and adolescents, publications for leisure and recreational activities, sports and other publications, including in all printed mass media,” without exception. However, because the law does not explicitly apply to international newspapers and magazines, the regulatory status code “Uncertain” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international newspapers and magazines is prohibited.

The Law on Tobacco Control (Law No. 2899-IV) prohibits tobacco advertising and promotion through "sending messages by mail, email, messages to mobile telephones, distribution of video discs, videos, compact discs, computer and other video games, [and] posting any information on the Internet, including social networks or other digital networks.” Additionally, the Law on Advertising bans advertising of tobacco products "on the Internet, in social or other digital networks."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

The law specifically prohibits advertising tobacco products through outdoor advertising.

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

The Law on Tobacco Control prohibits “placement of information on the manufacturer of tobacco products and/or tobacco products in places where these products are sold or provided to the consumer with the exclusion of one poster no larger than 40 x 30 cm on one trading venue site, in which text information is provided on tobacco products offered for sale and their prices.” Therefore, all point of sale advertising and promotion is prohibited and retailers may only display limited information about their products and prices.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

The law prohibits the sale of tobacco products (except cartons) from self-service shelves. However, because the display is not prohibited and the provision doesn't apply to cartons, the regulatory status code "Some Restrictions" has been assigned.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12-13, the law should prohibit the display and visibility of tobacco products at point of sale.

The Law on Advertising and the Law on Tobacco Control prohibit tobacco advertising and promotion by mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by conventional mail.

The Law on Tobacco Control prohibits "any advertising and promotion of tobacco products," specifically including via mobile phone. Although the law does not specifically address tobacco advertising and promotion by landline telephone, the law includes the catch-all "other measures to directly or indirectly promote the sale of tobacco products and tobacco use." Together with the broad definition of "advertising and promotion of the sale of tobacco," the law is interpreted as prohibiting all tobacco advertising and promotion by both telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone.

The Law on Tobacco Control (Law No. 2899-IV) prohibits placement of information on tobacco products, trademarks for goods and services, and other intellectual property rights under which tobacco products are manufactured, in entertainment venues, in places of retail trade, and on vehicles and equipment. Therefore, brand marking is prohibited.

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

The law specifically prohibits the distribution of tobacco products free of charge.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) in this regard.

The Law on Advertising prohibits “the sale of tobacco products in a package with any other goods, which are not associated with the use of tobacco products.” In addition, the Law on Tobacco Control prohibits “offering or providing any direct or indirect reimbursement for the purchase or use of tobacco products,” “offering or providing bonuses, prices, return of cash, rights to participate in any games, lotteries, competitions, actions, directly or indirectly associated with tobacco products, or if a condition of the provision or participation in which is the purchase or use of tobacco products,” and “the sale of tobacco products in a package with any other goods or services.” These provisions taken together are interpreted as prohibiting all promotional discounts, gifts, prizes and rewards in conjunction with a tobacco product purchase.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes and rewards.

The Law on Advertising prohibits sponsorship of events with the use of tobacco trademarks and names. This provision is interpreted as prohibiting competitions associated with tobacco products or brand names. Further, the Law on Tobacco Control prohibits “offering . . . rights to participate in any games, lotteries, competitions, . . . directly or indirectly associated with tobacco products, if a condition of the . . . participation in which is the purchase or use of tobacco products.” Thus, competitions requiring a tobacco product purchase are specifically prohibited. In addition, the Law on Tobacco Control prohibits sponsorship in general. Because competitions associated with tobacco products, whether or not requiring a tobacco product purchase, can be considered a form of sponsorship, the amendments are interpreted as prohibiting all 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.

The Law on Tobacco Control prohibits "any advertising and promotion of tobacco products." Although the law does not specifically address direct person-to-person targeting of individuals, the law includes the catch-all "other measures to directly or indirectly promote the sale of tobacco products and tobacco use." Together with the broad definition of "advertising and promotion of the sale of tobacco," the law is interpreted as prohibiting 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.

The Law on Tobacco Control prohibits “the sale, offer for sale, supply or advertising of non-tobacco products, services, the advertising or packaging of which contains an inscription, picture or any other image, message, which is completely or partially identified or associated with a tobacco product, a trademark for tobacco goods or services or with the manufacturer of tobacco products.” For greater clarity, the Law on Advertising prohibits “distribution and sale of any goods (except goods which are associated with the use of tobacco products, lighters, matches, ashtrays) with the use of trademarks for goods and services” of tobacco products. Therefore, brand stretching is prohibited.

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

The Law on Tobacco Control prohibits "any advertising and promotion of tobacco products." Although the law does not specifically address tobacco advertising and promotion via reverse brand stretching, the law includes the catch-all "other measures to directly or indirectly promote the sale of tobacco products and tobacco use." Together with the broad definition of "advertising and promotion of the sale of tobacco," 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.

The Law on Regulation of Alcohol and Tobacco prohibits the sale of “children's products that mimic tobacco products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

The Law on Regulation of Alcohol and Tobacco prohibits the sale of “children's products that mimic tobacco products.” This provision is interpreted as prohibiting the sale of candy resembling tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

The Law on Tobacco Control prohibits "any advertising and promotion of tobacco products." Although the law does not specifically address retailer incentive programs, the law includes the catch-all "other measures to directly or indirectly promote the sale of tobacco products and tobacco use." Together with the broad definition of "advertising and promotion of the sale of tobacco," the law is interpreted as prohibiting retailer incentive programs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

The Law on Tobacco Control prohibits “advertising and promotion of the sale of tobacco products,” which is defined as “any type of transfer of commercial information, recommendation or actions, the goal and result or the likely result of which is the promotion of the sale of a tobacco product or use of tobacco, directly or indirectly.” Paid placement of tobacco products falls within this definition. Further, the Law on Advertising prohibits all tobacco product placement in audiovisual media and user video programs created after January 1, 2024. Therefore, the law is interpreted as prohibiting the paid placement of tobacco products in TV, film and other media.

In addition, the Law on Advertising prohibits all tobacco advertising, including advertising of tobacco products showing “popular figures” smoking tobacco products. This provision is interpreted as prohibiting paid placement in TV, film, and other media where popular actors are shown smoking tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

The Law on Advertising prohibits “concealed advertising” generally and bans the display of popular figures smoking or with tobacco products, without distinguishing between paid and unpaid depiction. However, unpaid depiction of tobacco products or tobacco use by people other than popular figures does not appear to be prohibited, and likely falls outside of the definition of “advertising and promotion of tobacco products.” As a result, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid depiction of tobacco products or tobacco use in accordance with FCTC Art. 13 Guidelines paras. 29-32.

The law prohibits all forms of financial or other support by the tobacco industry to events, activities, individuals, or groups, including political parties or politicians, sportsmen or sports teams, artists or artist groups, and educational institutions of any form of ownership. The law also prohibits the tobacco industry from providing financial support to informational campaigns or events for the public, including youth prevention programs. These prohibitions apply regardless of whether the financial contribution or support is publicized.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions to promote tobacco products or tobacco use.

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.

The law prohibits the use on product packaging of misleading terms, descriptors, trademarks, pictures, symbols or other signs that may mislead or create a false impression about tobacco products and their health effects, including terms such as “low tar,” “light,” “super light,” and “ultra light.” Together with the comprehensive ban on tobacco advertising and promotion, these provisions prohibit all promotion by means that are false, misleading or deceptive.

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 or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions.