China

The laws and regulations prohibit advertising of tobacco products through broadcast and TV. Broadcast includes radio. Therefore, tobacco advertising is banned on domestic TV, radio, and other broadcast media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic broadcast media.

The laws and regulations prohibit advertising of tobacco products in newspapers or periodicals.

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

The Advertising Law prohibits the publication of tobacco advertisements in mass media, public places, means of public transport, or outdoors. Therefore, advertising via domestic print media, such as pamphlets, leaflets, posters, and signs, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to other domestic print media.

The laws and regulations prohibit advertising of tobacco products through broadcast and TV. Broadcast includes radio. This is interpreted as applying to cross-border (international) TV, radio, and other broadcast media.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international broadcast media.

The laws and regulations prohibit advertising of tobacco products in newspapers or periodicals. This is interpreted as covering cross-border (international) newspapers and magazines.

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

The Advertising Law prohibits the publication of tobacco advertisements in mass media, and states that the law specifically applies to advertising activity using the internet. In addition, SAMR Order No. 72 prohibits using the internet to release tobacco advertisements. Therefore, tobacco advertising via internet communications is prohibited.

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

The Advertising Law prohibits publishing tobacco advertisements outdoors.

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

The Advertising Law prohibits publishing tobacco advertisements in public places, which include points of sale.

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

The Advertising Law prohibits publishing tobacco advertisements in public places, which include points of sale. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is not clear whether product display would be considered a form of advertising under the law. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit point of sale product display and should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

The Advertising Law prohibits sending advertising to a person’s housing or means of transport without his or her consent or request. Therefore, any unsolicited tobacco advertising sent via conventional mail is prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising via conventional mail.

The Advertising Law prohibits sending advertising to a person through electronic means without his or her consent or request. Therefore, any unsolicited tobacco advertising sent via telephone or cellular phone is prohibited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising via telephone and cellular phone.

The Advertising Law prohibits publishing tobacco advertisements in public places or outdoors, which covers brand marking in entertainment venues, retail outlets, on vehicles and equipment, and other physical structures.

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

The Advertising Law prohibits tobacco advertising in public places. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is not clear whether the free distribution of tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit the free distribution of tobacco products and should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

The law does not prohibit promotional discounts, gifts, prizes, and other rewards to consumers in conjunction with the purchase of a tobacco product; therefore, it is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

Competitions may be associated with tobacco products or brands names. However, if the name of the competition contains the name of a tobacco manufacturer or product, advertisement of the competition may not be disseminated through broadcast, TV, film, newspaper, or periodical.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

The Advertising Law prohibits advertising in public places, on public transport, and outdoors. Thus, to the extent that direct person-to-person targeting of individuals takes place in these locations, it would be prohibited by law. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all direct person-to-person targeting of individuals and should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

Brand stretching is prohibited to the extent that it is used in media advertising or in prohibited places (e.g., public places, means of public transport, outdoors), but is not necessarily prohibited on other goods and services.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including brand stretching. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

The law does not prohibit reverse brand stretching; therefore, it is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship, including reverse brand stretching. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

The Advertising Law prohibits the distribution of any form of tobacco advertising to children. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is not clear whether toys that resemble tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit toys that resemble tobacco products and should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

The Advertising Law prohibits the distribution of any form of tobacco advertising to children. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is not clear whether candy that resembles tobacco products would be considered a form of advertising under the law. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit candy that resembles tobacco products and should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1.

The law does not prohibit retailer incentive programs; therefore, these practices are allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a comprehensive ban on tobacco advertising, promotion and sponsorship. To clarify the scope of the ban, the law should define “tobacco advertising and promotion” in accordance with the FCTC definition.

The Advertising Law prohibits the publication of any tobacco advertising in mass media. Therefore, paid placement of tobacco products in TV, film, and other broadcast media that shows these elements is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.

The Advertising Law prohibits the publication of any tobacco advertising in mass media. The law does not address specifically, however, unpaid depiction of tobacco products or tobacco use, nor does the law contain a definition of “tobacco advertising.” Therefore, it is uncertain whether unpaid depiction would be covered under the provisions of the Advertising Law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

Financial or other contributions that promote tobacco products or tobacco use are allowed. Therefore, sponsorship is allowed for events, activities, individuals, organizations, or programs.

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.

Because of the strict rules under the Advertising Law, the publicity of financial or other sponsorship is restricted in many ways. Advertising is prohibited in mass media, in public places and on public transport, and outdoors. Thus, no publicity of sponsorship could appear in these places or forms of media. However, to the extent that some tobacco advertising is still allowed, the publicity of sponsorship would also be allowed. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all publicity of financial or other sponsorship. In addition, the law should contain definitions of “tobacco advertising and promotion” and “tobacco sponsorship” in accordance with the definitions provided in FCTC Art. 1.

The law does not prohibit specifically misleading terms, descriptors, or symbols. However, the Advertising Law prohibits false and misleading content. In addition, the regulations prohibit advertisements that “indicate or imply medical or healthful effects, such as improving memory, enhancing the stomach or the spleen . . . rejuvenating to be younger, prolongs life, delays aging, or anti-cancer, etc.” Because misleading terms, descriptors, and other similar indicia are not prohibited, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotion by any means that are false, misleading, or deceptive or likely to create an erroneous impression about the characteristics, health effects, hazards, or emissions of tobacco products, including prohibiting misleading terms, descriptors, trademarks, emblems, images, logos, colors, figurative, or other indicia.