LANGUAGE
Last updated: April 11th 2019

Regulated Forms of Advertising, Promotion and Sponsorship

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion 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 TV and radio.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion in domestic 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 in domestic newspapers and magazines.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Article 3 of the law and Article 10 of Decree 44 specify that “advertising is prohibited on international channels broadcasted in Chile” is prohibited. Therefore, tobacco advertising on international 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 international TV and radio.

International newspapers and magazines

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. However, the law does not explicitly address tobacco advertising in international or cross-border newspapers and magazines. Therefore, the regulatory status “Uncertain” is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising in international newspapers and magazines, both originating inside and outside of Chile, is prohibited.

Internet communications

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Internet communications (not sales)

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions, including an exception for some cross-border internet communications. Article 3 of Law 19419 and Article 10 of Decree 44 specify that “advertising on . . . internet websites whose domains have the termination ‘dot cl’ is prohibited.” Therefore, tobacco advertising through internet communications based in Chile is prohibited; however, internet communications based outside Chile are not addressed. Therefore, the regulatory status “Some Restrictions” is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising via internet communication is prohibited, whether originating inside or outside Chile.

Internet tobacco product sales

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The law does not specifically address tobacco product sales by internet. However, the law prohibits “advertising on . . . internet websites whose domains have the termination ‘dot cl’.” Because tobacco product sales are an inherent form of advertising, this could be interpreted as prohibiting tobacco product sales via Chilean internet websites, although it is not clear whether the ban on advertising was intended to address sales. However, in practice, there are Chilean websites that offer tobacco product sales. (See http://www.e-agora.cl/2643-tabaco-cigarro). Therefore, the regulatory status “Uncertain” is given. In addition, the law does not address internet tobacco product advertising or sales via websites based outside Chile.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all internet tobacco product sales are prohibited, regardless of whether based inside or outside Chile.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, outdoor tobacco advertising is prohibited.

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

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, point of sale advertising and promotion 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

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

Product display at points of sale is allowed. The law requires that the health warnings on tobacco packaging must be visible at the point of sale. There are no other restrictions regarding placement or visibility of tobacco product display.

FCTC Art. 13 Guidelines paras. 12-13 state: “Display of tobacco products at points of sale in itself constitutes advertising and promotion . . . Parties should introduce a total ban on any display and on the visibility of tobacco products at points of sale, including fixed retail outlets and street vendors. Only the textual listing of products and their prices, without any promotional elements, would be allowed.” Accordingly, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all display and visibility of tobacco products at point of sale.

Vending machines

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

Law 19419 states that vending machines “may only be installed in establishments, places or premises to which, by provision of the law, minors do not have access.” Therefore, vending machines are restricted to adult-only premises.

The law aligns with FCTC Art. 16 in that it prohibits vending machine sales to minors. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising by conventional mail is prohibited.

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

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Advertising by telephone and mobile phone clearly falls within the definition of “advertising for tobacco,” as this is a “kind of communication . . . with the purpose or effect of promoting a tobacco product.” Therefore, tobacco advertising by telephone or mobile phone is prohibited.

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

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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)

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Brand marking on structures, vehicles, or equipment involves advertising elements of a tobacco product brand and, therefore, is prohibited under the law.

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

Free distribution of tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Article 5 of Law 19419 prohibits “the distribution of such [tobacco] products without monetary compensation.” Therefore, the free distribution of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to minors) with respect to free distribution.

Promotions with a tobacco product purchase

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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)

Analysis:

Law 19419 prohibits offering or providing “any compensation, directly or indirectly, for the purchase of tobacco products, such as a donation, premium or cash rebate, or the right to participate in a game, lottery or contest.” Therefore, promotions in conjunction with a tobacco product purchase are prohibited.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not, necessarily involve advertising of a tobacco product or elements of a brand. Therefore, competitions associated with tobacco products 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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Direct person-to-person targeting of individuals clearly falls within the definition of “advertising for tobacco,” as this is a “form of communication . . . with the purpose or effect of promoting a product made with tobacco.” 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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Brand stretching involves advertising elements of a tobacco product brand and, therefore, is prohibited.

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

Reverse brand stretching or brand sharing

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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

Analysis:

The law does not directly address reverse brand stretching or brand sharing. Arguably, this practice falls within the definition of “advertising for tobacco” as it is an “action with the purpose or effect of promoting a product made with tobacco.” However, because the law does not clearly address this practice, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

Toys that resemble tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address the sale of toys that resemble tobacco products. The law is, therefore, interpreted as allowing the sale of toys that resemble tobacco products.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors), the law should prohibit the sale of toys that resemble tobacco products.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address the sale of candy that resembles tobacco products. The law is, therefore, interpreted as allowing the sale of candy that resembles tobacco products.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors), the law should prohibit the sale of candy that resembles tobacco products.

Retailer incentive programs

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

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

Analysis:

The law does not directly address retailer incentive programs. Arguably, this practice falls within the definition of “advertising for tobacco” as it is a “communication . . . or action with the purpose or effect of promoting a product made with tobacco.” However, because the law does not clearly address this practice, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited.

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

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Article 3 specifies that the ban “extends . . . to indirect advertising done by product placement, where the consumption of tobacco products or brands of products made of tobacco is shown.” 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.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

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

Analysis:

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Article 3 specifies that the ban: “extends . . . to indirect advertising done by product placement, where the consumption of tobacco products or brands of products made of tobacco is shown. By the same token, on programs broadcast live on TV or radio during the hours allowed for minors the appearance of persons smoking or giving a favorable impression of tobacco consumption is prohibited.” Because unpaid depiction of tobacco use is restricted to certain hours, the regulatory status “Some Restrictions” is given.

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

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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)

Analysis:

The law implicitly allows contributions by the tobacco industry. The law requires tobacco companies to report annually to the Ministry of Health an itemized breakdown of donations made, as well as expenses incurred as a result of agreements with public institutions, athletic or community organizations, academic or cultural institutions, and non-governmental organizations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law does not specifically restrict publicity of tobacco sponsorship. However, general restrictions on tobacco advertising greatly restrict, but do not completely prohibit, such publicity. For example, the law does not necessarily prohibit the publicity of manufacturer names associated with sponsorships.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Promotion by any means that are false, misleading or deceptive

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

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)

Analysis:

Article 3 of Law 19419 provides for a ban on most forms of tobacco advertising and promotion. In addition, Art. 8 prohibits the use of the terms “‘light,’ ‘smooth,’ ‘mild,’ ‘low in tar, nicotine, carbon monoxide,’ or the like” in the name or properties associated with a tobacco product. However, the law does not address other forms of promotion that may be misleading, such as the use of numbers, colors, logo, or any other indicia. Therefore, the regulatory status “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression about a product’s characteristics, health effects, hazards, or emissions.