Taiwan (China)

The law prohibits tobacco advertising and promotion through domestic television and radio.

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

The law prohibits tobacco advertising and promotion through domestic newspapers and magazines.

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

The law prohibits tobacco advertising and promotion through “posters, leaflets, notifications, announcements, reference manuals, samples, posting, display, or any other written or illustrated forms. . . .” This is interpreted as prohibiting tobacco advertising and promotion through all other domestic print media.

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

Although the law prohibits tobacco advertising and promotion by television and radio, and any other electronic signal and digital recording device, the law does not specifically state that the ban applies to 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 specify that tobacco advertising and promotion by international television and radio is prohibited.

Although the law prohibits tobacco advertising and promotion by newspapers and magazines, the law does not specifically state that the ban applies to 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 specify that tobacco advertising and promotion by international newspapers and magazines is prohibited.

The law prohibits tobacco advertising and promotion through the internet.

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

The law prohibits tobacco advertising and promotion by “billboards, posters, leaflets, notifications, announcements, . . . posting, display, or through any other written, [or] illustrated form.” This provision is interpreted as prohibiting all outdoor advertising.

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

The Tobacco Hazards Prevention Act prohibits tobacco advertising and promotion through “posters, leaflets, notifications, announcements, reference manuals, . . . posting, display, or through any other written or illustrated forms. . . .” This provision effectively prohibits any point of sale advertising and promotion by written or print media. Further, the Display Regulations prohibit tobacco advertising and promotion at point of sale by “electronic screens, motion pictures, movable setting, sound, scent, light or any other means that attract people’s attention.” Therefore, all 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 advertising.

The law restricts tobacco product display at point of sale. A tobacco product display that is in front of the counter must be at least 1.3 meters above the ground and two meters away from the cashiers. This restriction does not apply to displays behind the cashier, nor does it apply to street vendors or business areas smaller than six square meters. The total area of display at each premise may not exceed two square meters. The display of each variant of tobacco product is limited to the largest area of the smallest unit sold. Displays within two meters of the outside may not face outside. The display must be such that health warnings on the products must be visible to consumers.

Finally, a tobacco-selling premises that is operated by a single business operator may have only one display of tobacco products. However, a department store or a large-scale multiple-business facility that has a total business area of 3,000 square meters or more with various merchandise retail sub-units may have one more tobacco product display area, or an additional tobacco product display area that is less than two square meters, for every 3,000 square meters.

None of the display restrictions applies to retail operations that sell only tobacco and liquor and other related products, nor do they apply to duty-free shops in international airports that sell only tobacco and liquor.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the display and visibility of all tobacco products at all retail points of sale.

The law prohibits tobacco advertising and promotion through “leaflets, notifications, announcements, . . . postings, . . . or through any other written, [or] illustrated forms . . . .” This is interpreted as prohibiting tobacco advertising and promotion through any kind of print media that might be sent through conventional mail. Therefore, tobacco advertising and promotion 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 prohibits tobacco advertising and promotion through any “electronic signal.” This is interpreted as prohibiting tobacco advertising and promotion through land line telephone and mobile telephone.

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

The law prohibits “tobacco advertising” through the use of “display, or through any other written, illustrated form, item or digital recording device.” This is interpreted as prohibiting designs, images, logos or sounds to promote tobacco products on venues, vehicles or equipment.

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

Article 12 of the Tobacco Hazards Prevention Act prohibits advertising through “samples.” In addition, Art. 14 of the Act provides that “no business premises shall provide customers with free tobacco products and/or the essential components of the designated tobacco products for the purpose of promotion or profit-making.” Therefore, the free distribution of tobacco products is prohibited.

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

The law prohibits 1) using discounts, gifts or prizes to sell tobacco products; 2) using tobacco products as gifts or prizes for the sale of other products or for the promotion of other events; and 3) packaging tobacco products together with other products for sale.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the use of promotional discounts, gifts, prizes or rewards to consumers in conjunction with a tobacco product purchase.

The law prohibits “using tea parties, dining parties, orientation conferences, tasting events, concerts, lectures, sport events, charity events, claiming that the products have passed the health risk assessment review, or other similar methods to conduct promotion or advertising”. This provision could arguably be interpreted to prohibit using competitions associated with tobacco products to promote a tobacco product. However, because competitions are not specifically mentioned, 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 competitions associated with tobacco products are prohibited.

The law prohibits “using tea parties, dining parties, orientation conferences, tasting events, concerts, lectures, sport events, charity events, claiming that the products have passed the health risk assessment review, or other similar methods to conduct promotion or advertising.” This provision is interpreted as prohibiting direct person to person targeting of individuals at such events to promote tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person to person targeting of individuals.

The law prohibits “using merchandises with the name or forms identical or similar to brand names or trademarks of tobacco products in conducting promoting, advertising, or sponsoring any event.” Therefore, brand stretching on products is prohibited. However, the law does not prohibit brand stretching on services. 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 the use of brand stretching on both goods and services.

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

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

The law prohibits the manufacture, import, or sale of candies, snacks, toys, or any other objects in form of tobacco products.

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

The law prohibits the manufacture, import, or sale of candies, snacks, toys, or any other objects in form of tobacco products.

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

The law does not address retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited.

The law provides that “the images smoking shall not be particularly emphasized in television programs, songs and music videos, drama and theatrical performances, sports events, or other forms of performances.” This is interpreted as restricting paid placement of tobacco products in TV, film and other media (by not emphasizing the product) but not prohibiting paid placement.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all paid placement of tobacco products in TV, film or other media.

The law provides that “the images of smoking shall not be particularly emphasized in television programs, songs and music videos, drama and theatrical performances, sports events, or other forms of performances.” This is interpreted as restricting unpaid depiction of tobacco use or tobacco products in TV, film and other entertainment media (by not emphasizing the product) but not prohibiting unpaid depiction.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco products in TV, film and other media in accordance with the FCTC Art. 13 Guidelines.

The law does not prohibit financial contributions by the tobacco industry and "tobacco sponsorship” is undefined. The law does prohibit using tea parties, meal parties, illustration conferences, testing events, concerts, lectures, sports or public interest events, or similar methods to conduct promotion or advertising, so contributions by the tobacco industry to such events would be limited.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to any activities, individuals, organizations, or governments that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The law prohibits certain sponsored events, but allows publicity of other forms of tobacco sponsorship. The law does prohibit using tea parties, meal parties, illustration conferences, testing events, concerts, lectures, sports or public interest events, or similar methods to conduct promotion or advertising, so publicity of such events would be prohibited. Other forms of publicity are allowed in accordance with general tobacco advertising rules.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of tobacco sponsorship and publicity thereof.

The law prohibits the use on tobacco product packaging of “expressions such as light, low tar, or any other misleading words or marks implicating that smoking has no harmful effects, or only has minor harmful effects, on health, except for the brand names used before the implementation of the amendment of January 11, 2009.” This provision, together with the comprehensive ban on tobacco advertising effectively prohibits promotion by any means that are false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions.

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