LANGUAGE
Last updated: July 27th 2015

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising and promotion through “poster, leaflet, notification, announcement, reference manual, . . . posting, display, or through any other written, [or] illustrated form.” 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.

International TV and radio (including all broadcast media such as satellite and cable)

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

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 “Uncertain” is assigned.

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.

International newspapers and magazines

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

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 “Uncertain” is assigned.

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.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Internet communications (not sales)

Analysis:

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.

Internet tobacco product sales

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco product sales through “mail orders, on-line shoppings, or any other methods through which the age of the consumers cannot be screened by the vendors.” Therefore, tobacco product sales by internet are banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.

Outdoor advertising (e.g., billboards, posters)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising and promotion by “billboard, poster, leaflet, notification, announcement, . . . 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.

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Point of sale advertising/promotion (other than product displays)

Analysis:

The Tobacco Hazards Prevention Act prohibits tobacco advertising and promotion through “poster, leaflet, notification, announcement, reference manual, . . . posting, display, or through any other written, [or] illustrated form.” 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.

Point of sale product display

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

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 2 meters away from the cashiers. This restriction does not apply to displays behind the cashier, nor does it apply to street venders or business areas smaller than 6 square meters. The total area of display at each premise may not exceed 2 square meters. The display of each variant of tobacco product is limited to the largest area of the smallest unit sold. Displays within 2 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 2 square meters, for every 3,000 square meters.

None of the display restrictions apply 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.

Vending machines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits the sale of tobacco products by vending machine.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 with respect to vending machine tobacco product sales.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits tobacco advertising and promotion through “leaflet, notification, announcement, . . . posting, . . . or through any other written, [or] illustrated form.” 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.

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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)

Analysis:

The law prohibits “tobacco advertising” through the use of “display, or through any other written, illustrated form, item or digital recording device.” The definition of “tobacco product advertising” is broad and includes any commercial action with the direct or indirect effect of promoting tobacco. These two provisions together are 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.

Free distribution of tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Section 9 of the Tobacco Hazards Prevention Act prohibits advertising through “sample.” In addition, Section 11 of the Act provides that “no business premises shall provide customers with free tobacco products for the purpose of promoting 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.

Law Source, Section

Promotions with a tobacco product purchase

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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)

Analysis:

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.

Law Source, Section

Competitions associated with tobacco products

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The law prohibits “[u]sing tea parties, meal parties, illustration conferences, testing events, concerts, lectures, sports or public interest events, 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 “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.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits “[u]sing tea parties, meal parties, illustration conferences, testing events, concerts, lectures, sports or public interest events, 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.

Brand stretching/trademark diversification

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

The law prohibits “[u]sing merchandise with brand names or trademarks identical or similar to tobacco products.” Therefore, brand stretching on products is prohibited. However, the law does not prohibit brand stretching on services. Therefore, the regulatory status “Some Restrictions” is assigned.

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.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

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.

Toys that resemble tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

Candy that resembles tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

Retailer incentive programs

Allowed
There is no ban and there are no restrictions whatsoever applicable.

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

Analysis:

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.

Paid placement of tobacco products in TV, film or other media

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law provides that “[t]he images of smoking shall not be particularly emphasized in television programs, drama or theatrical performances, audio-visual singing and professional sports events.” 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.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

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

Analysis:

The law provides that “[t]he images of smoking shall not be particularly emphasized in television programs, drama or theatrical performances, audio-visual singing and professional sports events.” 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 FCTC Art. 13 Guidelines, paragraphs 29-32.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

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)

Analysis:

The law does not prohibit financial contributions by the tobacco industry. “Tobacco sponsorship” is defined as any donation of “any form to any events, activities, or individual, whose direct or indirect purposes or effects are to market or promote tobacco use to unspecified consumers.” Although defined, tobacco sponsorship is not otherwise regulated by the law. 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.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The law prohibits certain sponsored events, but allows publicity of other forms of tobacco sponsorship. “Tobacco sponsorship” is defined as any donation of “any form to any events, activities, or individual, whose direct or indirect purposes or effects are to market or promote tobacco use to unspecified consumers." Although defined, tobacco sponsorship is not otherwise regulated by the law. 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.

Promotion by any means that are false, misleading or deceptive

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

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)

Analysis:

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.” 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.