China Tobacco Penalized for the First Time and Forced to Remove Signage; Experts Call for a Total Ba

Revision of the Advertising Law has attracted widespread attention, in the banning of all tobacco advertising calls are rising, & ldquo; China Tobacco & rdquo; for the first time to be penalized and from the Beijing West Station Square & ldquo; removed & rdquo;, undoubtedly has a strong symbolic significance. However, the "Advertising Law" to the terminal marketing to leave the mouth of the matter completely in the tobacco business plan, should be a comprehensive ban on all tobacco advertising, promotion and sponsorship.

This is the reporter today (12th) from the new exploration of health development research center jointly with the Beijing Yipai Law Firm held in Beijing & ldquo; tobacco advertising & lsquo; prohibited & rsquo; or & lsquo; limit & rsquo; & rdquo; media information exchange will be learned.

Or lead to the proliferation of tobacco terminal sales advertising

The experts at the meeting suggested that the tobacco industry has realized that, with the increasingly severe situation of tobacco control in China, the channels available for cigarette brand publicity will be more and more narrow, the terminal in the supply chain in the special position, the survival of their future industry has an important role. Terminal will become their future show products, cultivate the main position of the brand.

Wang Kean, director of the New Exploration Health Development Research Center, told the Legal Daily reporter that the second draft of the Advertising Law increases the restrictive provisions on tobacco advertising, but the prohibition of tobacco advertising, promotion and sponsorship is still incomplete; the Advertising Law & ldquo; Amendment Explanation & rdquo; said that tobacco monopoly can be published in the store tobacco advertising. This leaves a lot of advertising and marketing space for tobacco companies, which may lead to a proliferation of tobacco terminal sales advertising.

Li Tong, the new exploration of health development research center, pointed out that the Advertising Law prohibits outdoor and Internet tobacco advertising, but to the tobacco retail terminal & mdash; & mdash; distributed in supermarkets, grocery stores, tobacco monopoly point of tobacco advertising, promotions, leaving the mouth, this mouth is open, tobacco advertising and promotions will not be strictly prohibited, but to find another way to the more proliferation.

Li Tong said that the Advertising Law strictly set the tobacco advertising & ldquo; dam & rdquo;, will be monopoly points flooded with tobacco advertising torrent dashed. Once the Advertising Law acquiesced in the terminal marketing tobacco advertising, then tobacco advertising is not strictly prohibited, but another way, more and more widespread; the ubiquitous tobacco advertising will continue to affect the attitude of minors to tobacco; tobacco advertising law enforcement is bound to become a major problem, there is a law difficult to enforce is bound to make tobacco advertising even more rampant.

Playing “ball ” released disguised tobacco advertising

Wu Yiqun, deputy director of the New Explorations Health Development Research Center, believes that if the subject of tobacco advertising is still limited to & ldquo; tobacco producers or sellers & rdquo;, then it means that tobacco companies can use other subjects to publish tobacco advertising to avoid regulation.

In the view of Wu Yiqun, in practice, there are tobacco operators to invest in or set up joint ventures with others, such as industrial companies, economic and trade companies, cultural communication companies and other non-tobacco business enterprises, to carry out diversified business cases. Since China's law does not prohibit tobacco companies to carry out diversified business, so non-tobacco business enterprises on non-tobacco products advertising is the legal right of these enterprises. Tobacco operators are not allowed to take advantage of this facility to play “ball ”, publishing disguised tobacco advertising.

“ in the advertising of non-tobacco products, to grasp the following boundaries: in its advertising, shall not appear with the tobacco company's tobacco advertising, the same, similar images, phrases, or with the tobacco product trademarks, similar to the same, similar to the trademark text graphics; in its advertising, shall not appear with the tobacco products related to the representation; non-tobacco business enterprises other goods, services, trademarks Has been registered, for non-tobacco products must have substantial production and business behavior ”. Wu Yiqun said.

Excessive public welfare costs hinder private tobacco control

Tobacco control volunteers Tian Guifeng in his personal name on two typical tobacco advertising, respectively: the Beijing Nanyuan Airport tobacco sales point of tobacco advertising report and the Beijing West Railway Station Plaza store & ldquo; China Tobacco & rdquo; decorated ads report.

Tian Guifeng said, this is China's first time someone to & ldquo; China Tobacco & rdquo; signboards are advertisements on the grounds of reporting, but also & ldquo; China Tobacco & rdquo; signboards for the first time recognized as an advertisement, but also & ldquo; China Tobacco & rdquo; the first time because of the penalty for the removal of the billboards. “I hope the marketing death of ‘China Tobacco’ and its signboards, disappeared from public view”. Tian Guifeng said.

Tian Guifeng also suggested that the two reports, in order to test the regulation of tobacco advertising, because it is precisely able to reflect the current tobacco advertising legislation and law enforcement process of China's problems and deficiencies. For example, Beijing Nanyuan Airport tobacco sales point of tobacco advertising, if the future Advertising Law clearly allows terminal sales of tobacco advertising, then want to investigate and deal with it is not so easy. #p#Page title #e#

Wang Zhenyu, director of Beijing Yipai Law Firm, said that if people's supervision of and complaints about tobacco advertisements need to go through reconsideration and information disclosure applications before they can be taken seriously and dealt with, then the cost of public welfare is too high, which will certainly hinder people's enthusiasm for participating in tobacco control. In the absence of motivation for tobacco control enforcement, if the Advertising Law leaves so many loopholes for tobacco advertising, it will really make people worry about the future enforcement of the law.　 The report, by Wang Kaiguang, is based on a study conducted by a reporter from the Legal Network, who was arrested for the crime of murdering a man.