LANGUAGE
Last updated: March 6th 2020

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:

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. 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 TV and radio.

Domestic newspapers and magazines

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

The law prohibits advertising through any medium. Publications intended exclusively for professionals in the tobacco trade and internal publications of companies in the industry sector are exempted from the ban. All other forms of tobacco advertising in domestic newspapers and magazines are prohibited.

Because FCTC Art. 13 Guidelines paragraphs 32-34 provide for a trade exemption, 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:

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. Therefore, tobacco advertising through other 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 through domestic print media.

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

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

Although the law prohibits tobacco advertising on TV and radio, the law does not explicitly apply the ban to international TV and radio. Therefore, it is uncertain whether tobacco advertising on international TV and radio is prohibited.

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.

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:

Although the law prohibits tobacco advertising in newspapers and magazines, the law does not explicitly apply the ban to international newspapers and magazines. Therefore, it is uncertain whether tobacco advertising in international newspapers and magazines is prohibited.

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.

Internet communications

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

Internet communications (not sales)

Analysis:

The law prohibits all forms of advertising through any medium, including information society services (internet), with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. Therefore, tobacco advertising through internet communications is prohibited.

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

Internet tobacco product sales

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

The law prohibits tobacco product sales “through . . . remote means in which it is not possible to ascertain the age of the buyers, notably via the Internet or postal service.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to product sales via the internet.

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

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

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. Therefore, tobacco advertising through outdoor advertising is prohibited.

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

The law prohibits all forms of advertising through any medium, including point of sale advertising. The only information allowed at point of sale is an indicator of prices and a table of prices. An indicator of prices may contain only the name and price of the product, and may not exceed 50 cm2. A table of prices may contain only the names and prices of tobacco products for sale in the place, the reference to each name and price (indicator of price) may not be greater than 50 cm2, and the total size may not exceed 1500 cm2. A table of prices must contain a health warning that covers 20% of the area of the table. In establishments that sell exclusively tobacco products, a catalog of prices is allowed.

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

Point of sale product display

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 prohibits the display of tobacco products at points of sale, but makes an exception for places that sell tobacco products exclusively provided that no products are visible to those outside the shop (including through windows).

The law permits the display of a list of products available for sale and their corresponding prices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display at all points of sale, including at specialist tobacco shops.

Vending machines

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

The law prohibits the introduction or use of vending machines for tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to vending machines.

Conventional mail

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

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. Therefore, tobacco advertising through conventional mail is prohibited.

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

Telephone and cellular phone

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

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. Therefore, tobacco advertising through land-line telephone and mobile phone is prohibited.

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

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. The definition of "advertising" is broad and encompasses brand marking on structures. In addition, the law specifically prohibits placing “brands and emblems or other distinctive images of a tobacco product on objects of consumption that are not actual tobacco products.” Therefore, brand marking is prohibited.

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:

The law prohibits the free distribution of tobacco products.

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

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:

The law prohibits the distribution of promotional gifts and the awarding of prizes.

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

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:

The law prohibits the conduct of contests by companies that are directly or indirectly involved in the manufacture, distribution or sale of tobacco products.

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

Direct person to person targeting of individuals

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

The law prohibits all forms of advertising through any medium, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. The definition of "advertising" is broad and encompasses direct person to person targeting, as this is a commercial activity. Therefore, direct person to person targeting is prohibited.

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

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:

The law prohibits the use of “names, brands and emblems or other distinctive images of a tobacco product on objects of consumption that are not actual tobacco products.” Therefore, brand stretching is prohibited. The law provides an exemption for legitimate use if the product or service is clearly not related to a tobacco product.

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

Reverse brand stretching or brand sharing

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

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

Analysis:

The law does not address reverse brand stretching; therefore, the law is interpreted as allowing reverse brand stretching.

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

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 prohibits the manufacture and sale of games, toys, electronic games, foods or candies in the shape of tobacco products, or with distinctive images of tobacco brands. However, the law permits an exception for games, toys, foods or candies whose appearance was registered as an industrial design or model and that was already in circulation in the market at the date of publication of the Tobacco Control Law (April 25, 2011). Therefore, the regulatory status code “Some Restrictions” is assigned.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all toys that and candy that resemble tobacco products, regardless of whether they were previously registered or in the market.

Candy that resembles tobacco products

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 prohibits the manufacture and sale of games, toys, electronic games, foods or candies in the shape of tobacco products, or with distinctive images of tobacco brands. However, the law permits an exception for games, toys, foods or candies whose appearance was registered as an industrial design or model and that was already in circulation in the market at the date of publication of the Tobacco Control Law (April 25, 2011). Therefore, the regulatory status code “Some Restrictions” is assigned.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all toys that and candy that resemble tobacco products, regardless of whether they were previously registered or in the market.

Retailer incentive programs

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

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 prohibits all forms of advertising and promotion of tobacco products, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. The definition of advertising is broad and encompasses “any form of communication undertaken by public or private institutions in the form of a commercial . . . activity, for the direct or indirect purpose of promoting a tobacco product or its consumption.” This definition is interpreted as encompassing retailer incentive programs. Therefore, the law is interpreted as banning retailer incentive programs.

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

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

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

The law prohibits all forms of advertising and promotion of tobacco products, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. The definition of "advertising" is broad and encompasses "any form of communication undertaken by public or private institutions in the form of a commercial . . . activity, for the direct or indirect purpose of promoting a tobacco product or its consumption." This definition is interpreted as encompassing paid placement of tobacco products in TV, film or other media. Therefore, the law is interpreted as prohibiting paid placement of tobacco products.

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

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

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:

The law prohibits all forms of advertising and promotion of tobacco products, with limited exceptions (price information at point of sale, and advertising within the trade) that do not apply here. The definition of "advertising" is broad and encompasses "any form of communication undertaken by public or private institutions in the form of a . . . artisanal or liberal activity, for the direct or indirect purpose of promoting a tobacco product or its consumption." This definition is interpreted as encompassing unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media (artisanal activity). Therefore, the law is interpreted as prohibiting unpaid depiction of tobacco use or tobacco products in entertainment media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to unpaid depiction of tobacco use or tobacco products.

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

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

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 prohibits any form of sponsorship or public or private contribution, particularly on the part of companies engaged in the manufacture, distribution, or sale of tobacco products, allocated to an event, an activity, an individual, an audiovisual work, or a radio or television program, that has the effect or probable effect of promoting a tobacco product or its consumption, directly or indirectly. In addition, the law specifically prohibits campaigns or other initiatives that are promoted by or sponsored by companies that are producers or distributors of tobacco products, or subsidiaries or affiliates thereof, that are directly or indirectly concerned with information or prevention efforts regarding tobacco use.

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

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

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

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

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:

The law prohibits the use of “texts, designations, marks and figurative symbols or other signs that suggest that a particular product is less harmful than others” on tobacco product packaging. However, the law exempts the use of trademarks that were registered on or before the date of publication of the law. Therefore, the regulatory status code “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of a tobacco product.