Malaysia

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. Therefore, tobacco advertising on domestic TV and radio is banned.

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.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. Therefore, tobacco advertising in domestic newspapers and magazines is banned.

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.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. Therefore, tobacco advertising in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs is banned.

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

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. However, the law does not specifically address cross-border tobacco advertising via broadcast media. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on cross-border or international TV and radio is prohibited.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. However, the law does not specifically address international newspapers and magazines. Therefore, the regulatory status code “Uncertain” is given.

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.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. This is interpreted to include publication of tobacco advertising through domestic internet communications. However, the law does not explicitly cover cross-border internet communications; 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 tobacco advertising and promotion through internet communications, including cross-border internet communications.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. Therefore, outdoor tobacco advertising is banned.

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

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. There is no exception for point of sale advertising; therefore, point of sale advertising is prohibited.

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

The law prohibits retailers from displaying tobacco products at point of sale except at “specialized stores.” A “specialized store” is a “fixed place of business or premise that is licensed by the authority solely to sell tobacco product, smoking substance or substitute tobacco product.” A tobacco product display at a specialized store must not be seen conspicuously outside the store. 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 product display at all points of sale, including specialized stores.

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product. Therefore, tobacco advertising by conventional mail is prohibited

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

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product.  “Advertisement” includes “any representation by any means for the purpose of promoting directly or indirectly any tobacco product.” In addition, the law prohibits promotion of a tobacco product that is intended to encourage any person to smoke. Taken together, the law is interpreted as prohibiting telephone and cellular phone tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular phone. 

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product.  “Advertisement” includes “any representation by any means for the purpose of promoting directly or indirectly any tobacco product.” Therefore, brand marking on physical structures is prohibited.

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

The law prohibits promotion of a tobacco product that is intended to encourage any person to smoke. This is interpreted as prohibiting the free distribution of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to the free distribution of tobacco products. 

The law prohibits promotion of a tobacco product that is intended to encourage any person to smoke. It also specifically prohibits: 1) selling any tobacco together with any coupon, reward, goods, offer or services as a gift or prize, 2) selling any goods or services together with any tobacco product as a gift or prize, 3) selling a tobacco product together with any tobacco product as a gift or prize, or 4) selling any tobacco product together with other goods and services. Therefore, promotions with a tobacco product purchase is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase

The law prohibits the promotion and sponsorship of a tobacco product, and any arrangement that promotes a tobacco product. An “arrangement” includes any “agreement, undertaking or understanding” that is likely to promote a tobacco product, including giving away gifts, prizes, rewards or other benefits. Therefore, competitions associated with tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. 

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product.  “Advertisement” includes “any representation by any means for the purpose of promoting directly or indirectly any tobacco product.”  The law also prohibits promotion of a tobacco product that is intended to encourage any person to smoke. Both of these provisions prohibit the direct person to person targeting of individuals.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting. 

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product, including any advertisement that “contains any brand name or trademark relating to any tobacco product.” “Advertisement” includes “any representation by any means for the purpose of promoting directly or indirectly any tobacco product.”  Therefore, brand stretching is prohibited.

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

The law does not directly address the use of non-tobacco brand names on tobacco products or services. 

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

The law prohibits the sale of “any imitation of tobacco products.” This is interpreted as prohibiting the sale of toys and candy that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The law prohibits the sale of “any imitation of tobacco products.” This is interpreted as prohibiting the sale of toys and candy that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The law prohibits any arrangement that promotes a tobacco product. An “arrangement” includes any “agreement, undertaking or understanding” that has or is likely to have the effect of promoting a tobacco product by “giving or accepting any . . . reward.” This is interpreted as prohibiting retailer incentive programs.

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

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product, including any advertisement that “contains any tobacco product.” “Advertisement” includes “any representation by any means for the purpose of promoting directly or indirectly any tobacco product.”  Therefore, paid placement of tobacco products 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 law does not address unpaid depiction because the definition of “advertisement” encompasses “any representation . . . for the purpose of promoting directly or indirectly a tobacco product,” and thus does not encompass unpaid depiction, which generally is not for the purpose of promoting a tobacco product.  

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media is prohibited.

The law prohibits the promotion and sponsorship of a tobacco product and any arrangement that promotes a tobacco product. An “arrangement” includes any “agreement, undertaking or understanding” that is likely to promote a tobacco product, including by “giving or accepting any sponsorship  . . . or like benefit” or organizing any event. “Like benefit” is interpreted to include all financial or other contributions that promote a tobacco product or tobacco use. Taken together, these provisions are interpreted as prohibiting all tobacco industry sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco industry sponsorship of events, activities, individuals, organizations, and governments. 

The law contains a comprehensive ban on the publication of any advertisement for a tobacco product, as well as a ban on promotion and sponsorship of a tobacco product. Therefore, there can be no publicity of sponsorship.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship or support by the tobacco industry. 

The law prohibits the use on tobacco product packaging of any information that is false, misleading or deceptive or that is likely or intended to create an erroneous or false impression about the characteristics, health effects, hazards or emissions of a tobacco product. This ban includes a ban on words or descriptors such as “light”, “ultra light”, “mild”, “cool”, “extra”, “low tar”, “special”, “full flavor”, “premium”, “rich”, “famous”, “slim”, “Grade A”, “golden”, “pearl”, “edition” or any similar terms or descriptors. This prohibition, together with the general prohibition on tobacco advertising, effectively prohibits 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.