LANGUAGE
Last updated: September 18th 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.
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Analysis:

The Law on Advertising specifically prohibits tobacco advertising and promotion “on radio and television, including cable, satellite, IP television, online television, mobile television, digital television and other types of signal broadcasting.” Therefore, the 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.

Domestic newspapers and magazines

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

The Law on Advertising specifies that tobacco advertising and promotion is banned “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.

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.
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Analysis:

The Law on Advertising specifies that tobacco advertising and promotion is banned “in all printed mass media.” In addition, the law prohibits “indoor advertising,” “outdoor advertising,” and “advertising on transport.” Although the definition of “indoor advertising” contains an exception for advertisements placed in “commercial locations (including bars, kiosks and fruit stands),” amendments to the Law on Advertising prohibit advertising at points of sale, allowing only text information about the products offered and their price. 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.

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.
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Analysis:

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 “Uncertain” is 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.

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.
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Analysis:

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 “Uncertain” is 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.

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.
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Internet communications (not sales)

Analysis:

The Law on Advertising prohibits tobacco advertising and promotion on websites, “except for websites intended for adults, where preliminary identification of the age of users is a mandatory condition for access.” The law also prohibits tobacco advertising and promotion by email. Because the law permits some tobacco advertising and promotion via internet, the regulatory status code “Some Restrictions” has been assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by all internet communications, including websites restricted to those over 18.

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.
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Analysis:

The Law on Advertising prohibits tobacco advertising “on the Internet, except for websites intended for adults, where preliminary identification of the age of users is a mandatory condition for access.” Because tobacco sales are an inherent form of advertising, this provision is interpreted as restricting internet tobacco product sales to those websites accessible only to adults. However, the Law on Tobacco Control prohibits “placement of information on the Internet in order to promote the sale of tobacco products.” This can be interpreted as prohibiting internet-based sale of tobacco products. Because the two provisions conflict, the regulatory status “Uncertain” has been assigned.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 18-19, the law should make clear that all internet tobacco product sales are prohibited as an inherent form of advertising.

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

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

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.

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Point of sale advertising/promotion (other than product displays)

Analysis:

September 2012 amendments to the Law on Tobacco Control prohibit “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.

Point of sale product display

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

The law does not expressly prohibit point of sale product display; therefore the law is interpreted as allowing point of sale product display.

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.

Vending machines

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

The law specifically prohibits the sale of tobacco products by vending machine.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) with respect to vending machines.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Telephone and cellular phone

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.
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Analysis:

The Law on Advertising and the Law on Tobacco Control prohibit tobacco advertising and promotion via mobile phone. However, the laws, as amended, do not specifically prohibit tobacco advertising and promotion by landline telephone. Therefore, the regulatory status “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by landline phone, as well as by mobile phones.

Brand marking on physical structures

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.
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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:

Brand marking is not expressly prohibited, but is prohibited to the extent that it falls into another category of prohibited advertising. For example, brand marking would be prohibited inside a restaurant because “indoor advertising” is prohibited, but brand marking might be permitted inside a bar, which is specifically excluded from the definition of “indoor advertising.” In addition, brand marking on vehicles and structures that house events for minors would be prohibited under the Law on Advertising, but brand marking at a venue such as a bar from which minors are excluded would be permitted.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of brand marking on all structures and places.

Free distribution of tobacco products

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

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.

Promotions with a tobacco product purchase

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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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 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 amendments to the Law on Tobacco Control prohibit “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.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law 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 amendments to the Law on Tobacco Control prohibit “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, amendments to the Law on Tobacco Control prohibit 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.

Direct person to person targeting of individuals

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.
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Analysis:

The Law on Tobacco Control prohibits “holding free events, including for marketing research and tasting” at which person-to-person targeting could occur. However, the amendments do not explicitly prohibit person-to-person targeting in other instances. Therefore, the regulatory status code “Some Restrictions” is applied.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all person-to-person targeting of individuals.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

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.

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 prohibit reverse brand stretching.

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

Toys that resemble tobacco products

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

The Law on Regulation of Alcohol and Tobacco prohibits the sale of “goods for children imitating tobacco products.”

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

Candy that resembles tobacco products

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

The Law on Regulation of Alcohol and Tobacco prohibits the sale of “goods for children imitating 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.

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.
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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 on Tobacco Control prohibits specified forms of tobacco promotion as well as “other measures for the direct or indirect promotion of the sale of tobacco products and the use of tobacco.” Under this last catch-all provision, arguably, retailer incentive programs may be prohibited. However, because the law does not specifically state that retailer incentive programs are prohibited, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited under the ban on tobacco advertising and promotion.

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

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

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. Therefore, the amendments are interpreted as prohibiting the paid placement of tobacco products in TV, film and other media.

For greater clarity, the Law on Advertising prohibits 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.

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

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

Neither the Law on Advertising nor the Law on Tobacco Control directly addresses unpaid depiction of tobacco use or tobacco products in TV, film and other entertainment media that is not legitimate journalistic, artistic or academic expression, or social or political commentary. 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. In addition, the definition of “advertising” is broad and some unpaid depiction may meet the definition and be prohibited under the general ban on tobacco advertising. Because of this uncertainty, the regulatory status “Uncertain” has been assigned.

To align with FCTC Art. 13 and 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.

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 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.

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

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

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 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.