Last updated: June 1, 2020
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
None
The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto. Because the guidelines are non-binding, there is no agency responsible for enforcement and no penalties for non-compliance. However, the Tobacco Business Act, Art. 40(4), provides that where provisions of the guidelines are disregarded the Minister of Finance may publicize the matter.
To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 53 – 68, the law should prohibit tobacco advertising, promotion and sponsorship, and define widely responsible entities, covering the entire marketing chain. In addition, the law should designate a competent, independent authority to monitor and enforce the law, and impose effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation), commensurate with the nature and seriousness of the offense.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
None
The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto. Because the guidelines are non-binding, there is no agency responsible for enforcement and no penalties for non-compliance. However, the Tobacco Business Act, Art. 40(4), provides that where provisions of the guidelines are disregarded the Minister of Finance may publicize the matter.
To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 53 – 68, the law should prohibit tobacco advertising, promotion and sponsorship, and define widely responsible entities, covering the entire marketing chain. In addition, the law should designate a competent, independent authority to monitor and enforce the law, and impose effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation), commensurate with the nature and seriousness of the offense.
