Last updated: December 20, 2019
Regulated Forms of Advertising, Promotion and Sponsorship
Domestic TV and radio (including all broadcast media such as satellite and cable)
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising on domestic TV, radio, and other broadcast media 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
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, 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 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 “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, 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 tobacco advertising and promotion in domestic print media.
International TV and radio (including all broadcast media such as satellite and cable)
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” However, the law does not explicitly ban tobacco advertising and promotion in international TV and radio. Therefore, 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 on international TV and radio.
International newspapers and magazines
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” However, the law does not explicitly ban tobacco advertising and promotion in international or cross border newspapers, magazines and print media. Therefore, 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 in international newspapers and magazines.
Internet communications
Internet communications (not sales)
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising via the internet is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via the internet.
Outdoor advertising (e.g., billboards, posters)
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising via outdoor 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
Point of sale advertising/promotion (other than product displays)
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising at point of sale is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising at point of sale.
Point of sale product display
The law does not address point of sale product display. Therefore, the law is interpreted as allowing tobacco product display at point of sale.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco product display at point of sale.
Conventional mail
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, 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
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Thus, tobacco advertising through telephone and cellular phone is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising through 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 “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” The law, therefore, prohibits brand marking on physical structures.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.
Free distribution of tobacco products
The law does not specifically address free distribution of tobacco products. The law prohibits any “grant, donation, bonus, prize, financial or moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products.” However, it is uncertain whether this would cover the free distribution of tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meet FCTC Art. 16, the law should clearly prohibit the 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 specifically prohibits any grant, donation, bonus, prize, financial or moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. Thus, promotions associated with a tobacco product purchase are banned.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion 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 does not specifically prohibit competitions that are associated with tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products.
Direct person to person targeting of individuals
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover direct person-to-person advertising.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person advertising and promotion.
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 “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover brand stretching.
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 prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover 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 “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover toys that resemble tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect the sale and distribution of toys that resemble tobacco products.
Candy that resembles tobacco products
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover candy that resembles tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect the sale and distribution of candies that resemble 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 specifically prohibits any grant, donation, bonus, prize, financial and moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. This is interpreted as covering 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
The law prohibits “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” This is interpreted to cover paid placement of tobacco products in TV, film or other media.
The law also obligates the Ministry of Information and Culture to implement this restriction, and “avoid airing films and dramas that encourage the use of” tobacco products.
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 “commercials” encouraging the production, import and use of tobacco products. The definition of “encouraging commercials” includes all “practices with the direct or indirect aim of encouraging people to use tobacco products.” Because the definition is limited to those practices with the “aim” as opposed to the “effect” or “likely effect” of promoting tobacco products, this provision is not interpreted as prohibiting unpaid depiction of tobacco use or tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit the unpaid depiction of tobacco use or 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 specifically prohibits any grant, donation, bonus, prize, financial and moral support aimed at encouraging the production, import and use of cigarettes and other tobacco products. This provision, however, does not appear to cover donations or other contributions made without the “aim” of promoting tobacco products. Thus, so-called “corporate social responsibility” programs that have the effect or likely effect, but not necessarily the aim, of promoting tobacco products or use would likely not be covered. Therefore, 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 contributions to any activity, individual, organizations or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly. In addition, the law should define "tobacco sponsorship" in accordance with the definition provided in the FCTC.
Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned
The law does not prohibit all financial or other sponsorship by the tobacco industry, nor does it prohibit the publicity of those forms of sponsorship not prohibited under the law. Any publicity of sponsorship would be subject to the prohibitions on tobacco advertising; thus, they could not encourage tobacco production, import, or use.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all publicity of financial or other sponsorship or support by the tobacco industry.
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 does not specifically address promotion by means that are misleading, deceptive or likely to create an erroneous impression about characteristics, health effects, hazards or emissions of tobacco products. Although nearly all forms of direct and indirect tobacco advertising and promotion are prohibited, some forms do not appear to be covered under the law.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.
