Should the Law Leave Room for Tobacco Advertising?

“Please do not interrupt TV dramas with advertisements!” This humorous remark indirectly confirms the overwhelming presence of various advertisements everywhere.

Given this situation, the revision of the advertising law is quite noteworthy. The second draft of the advertising law revision has left loopholes for tobacco advertising, which has sparked considerable controversy.

“There should be a complete ban on tobacco advertising, prohibiting all forms of tobacco advertising.” At a seminar on the Food Safety Law (second draft for review) and the Advertising Law (second draft for review) organized by the China Consumer Rights Protection Law Research Association in conjunction with the Chinese Health Law Society and the China Quality Promotion Association, Liu Gaijie, director of the office of the Chinese Tobacco Control Association, clearly expressed his views.

In his opinion, the provisions regarding tobacco advertising in this draft have made significant progress compared to previous drafts, imposing stricter restrictions on the media, forms, locations, and content of tobacco advertisements. However, compared to the World Health Organization's Framework Convention on Tobacco Control, which calls for a complete ban on all tobacco advertising, promotion, and sponsorship, there are still gaps and shortcomings.

Prohibition of tobacco advertising at retail points

The second draft of the advertising law revision stipulates: it is prohibited to set up tobacco advertisements in public places, hospital and school building control zones, and public transportation. Outdoor tobacco advertisements and window display tobacco advertisements are also prohibited.

“From this provision, the term ‘public places’ should include tobacco retail points,” Liu Gaijie said, but in the report on the amendments to the advertising law revision by the Legal Committee of the National People's Congress, it was clearly stated that “tobacco advertisements approved by the State Council's Administration for Industry and Commerce can be displayed in the indoor areas of tobacco product retail points.”

Liu Gaijie stated that this leaves a significant space for tobacco advertising within tobacco retail points.

In recent years, tobacco retail points have become important venues for the tobacco industry to promote tobacco products and publish tobacco advertisements. According to media reports, by 2013, there were already 5.4 million cigarette retailers nationwide. The number, distribution, and display of tobacco retail stores have increasingly expanded and become more “standardized,” with significant improvements in display.

“The harm of tobacco is an undeniable scientific fact, and tobacco has caused great harm to the health of our nation's citizens. Therefore, to effectively reduce youth exposure to tobacco, prohibiting tobacco advertising at retail points is of great significance,” Liu Gaijie said.

Clearly prohibiting promotional sponsorship by tobacco companies

As early as 2003, the Chinese government announced its accession to the World Health Organization's Framework Convention on Tobacco Control. The convention and its implementation guidelines prohibit tobacco companies from promoting their products through promotional and sponsorship activities under the guise of social responsibility. However, China's laws have not yet prohibited all tobacco promotions and sponsorships as required by the convention.

“We strongly urge legislation to prohibit tobacco companies from using promotional and sponsorship activities to publish tobacco advertisements,” Liu Gaijie said. Currently, tobacco advertisements published in the form of promotions and sponsorships are alarming. Monitoring results from the Chinese Smoking Control Association show that from January 1 to April 30, 2013, a total of 149 tobacco sponsorship activities were detected; from January 21 to April 30, 2014, 77 tobacco company sponsorship activities were monitored. These activities involved 22 provinces and took various forms, including various sports events, poverty alleviation education, collective weddings, and leader selection. All these sponsorship activities invariably promoted tobacco companies or tobacco brands.

Previously, media reports indicated that British American Tobacco successfully entered the Chinese market by sponsoring the China Rally from 1985 onwards (with a total route length of over 3,400 kilometers, spanning seven provinces and cities) and achieved great success. After tasting success, the company began sponsoring the Formula One World Championship, forming the British American Racing team to enter F1, further promoting its brand globally. The impact of advertising through sponsorship is evident.

In the context of increasingly stringent restrictions on tobacco advertising in China's advertising law, using promotional and sponsorship activities to publish tobacco advertisements has increasingly become the main strategy and means for tobacco companies to conduct brand marketing. The research group of the National Tobacco Monopoly Bureau published a book titled “Research on the Impact of the WHO Framework Convention on Tobacco Control and Countermeasures for Chinese Tobacco,” which suggested that “in the context of restrictions on tobacco advertising, efforts should be made to hold some debates, educational sponsorships, sports and other public welfare activities, and relief activities under the name of tobacco companies to give back to society and enhance the image of tobacco companies.”

Tobacco advertising is ubiquitous

In 2013, Johns Hopkins University in the United States conducted a survey of children aged 5 to 6 in six low- and middle-income countries, revealing that among the surveyed children in China, 86% could recognize at least one cigarette brand logo, and 22% indicated they would smoke when they grew up, ranking first.

The reason for this result is closely related to the omnipresence of tobacco advertising.

“Nowadays, tobacco companies are using every possible means to advertise: printing calendars with tobacco brands, distributing brochures with tobacco products, and printing tobacco advertisements on everyday items such as tissue boxes, ashtrays, lighters, and travel bags,” Liu Gaijie said. As long as there are loopholes in the law, tobacco companies will exploit them in every possible way.

The second draft of the advertising law revision stipulates: it is prohibited to publish or indirectly publish tobacco advertisements through mass media and forms such as radio, film, television, newspapers, journals, books, audio-visual products, electronic publications, mobile communication networks, and the internet.

In Liu Gaijie's view, this is a “loophole.” This provision does not prohibit tobacco companies from publishing tobacco advertisements through printed materials and everyday items. To protect public health, the law should not leave any space for tobacco advertising.

He pointed out that in the ten years since the convention came into effect, global tobacco consumption has decreased by 10%, while in China, it has increased by 41.8%, which is alarming. China has 300 million smokers, accounting for one-third of the world's smokers, and China's hope for tobacco control relies on reducing youth smokers. To avoid the impact of tobacco advertising on the public, especially on young people, which poses obstacles to tobacco control and quitting, there is a strong demand for the advertising law to clearly state “a complete ban on all tobacco advertising, promotion, and sponsorship.”