Public Consultation Ends on Strictest-Ever Tobacco Ad Ban, but Loopholes Alleged

The deadline for public consultation on the second draft of the "Advertising Law (Revised Draft)" was January 19, 2015. The tobacco advertising provisions in the draft are considered to represent the "strictest" tobacco control measures in history, but the draft still leaves room for tobacco advertising in up to five million retail stores across the country. Anti-smoking advocates are calling for higher regulatory thresholds and a comprehensive smoking ban.

Wang Longde, an academician of the Chinese Academy of Engineering and former Vice Minister of the National Health and Family Planning Commission, also commented in today's People's Daily, advocating for a comprehensive smoking ban. Wang stated that allowing tobacco advertising at sales points must be blocked, as even strict restrictions will lead tobacco companies to exploit loopholes. Tobacco sales stores located in supermarkets, shopping malls, hotels, and restaurants will still have advertisements, and sponsorships and the use of new media platforms for advertising will also be difficult to prevent.

In 2005, the WHO's "Framework Convention on Tobacco Control" came into effect in China. Noted anti-smoking advocate Yang Gonghuan stated that in 2012, the UN Framework Convention Secretariat assessed the implementation of advertising laws in each country, scoring China zero points based on the criteria for a comprehensive ban. If this draft is passed, China will only score 50 points, meeting only half of the convention's standards.

Article 13 of the "Framework Convention on Tobacco Control" states, "All tobacco advertising, promotion, and sponsorship should be broadly prohibited." However, the relevant provisions in the second draft leave room for tobacco advertising at retail points. Anti-smoking advocates believe that retail points may become hotspots for tobacco advertising.

The Legal Affairs Committee of the National People's Congress reported that there has been ongoing debate about whether tobacco advertising should be completely banned or strictly limited. After research, the committee decided to impose stricter restrictions on the media, forms, locations, and content of tobacco advertising in Article 18 of the second draft.

Article 18 of the second draft states, "Tobacco advertising is prohibited in public places, hospital and school building control zones, and public transportation. Outdoor tobacco advertising and window display tobacco advertising are also prohibited." The Legal Affairs Committee also pointed out feasible advertising forms, namely that tobacco advertisements approved by the State Administration for Industry and Commerce can be displayed in the interior of tobacco specialty stores.

The ability for retail terminals to post tobacco advertisements is viewed by anti-smoking advocates as the most prominent loophole in the second draft. He Zehua, Deputy Director of the State Tobacco Monopoly Administration, publicly stated in the first half of 2014 that the construction achievements at the cigarette retail end are remarkable, and controlling the retail terminal means truly owning the market.

Wu Yiqun, Deputy Director of the New Exploration Health Development Research Center, mentioned that the 2013 Tobacco Yearbook showed that the number of cigarette retailers in China reached 5.4 million in 2012, and this number is continuously growing, with nearly one retail point for every 250 people.

Yang Gonghuan stated that "public places" do not include tobacco specialty stores, and called for a redefinition of public places. In Yang's view, there is a significant proportion of tobacco stores near schools. Beijing regulations prohibit tobacco specialty stores within 100 meters, but this requirement is considered too lenient. 86% of children aged five to six in China recognize tobacco brands, making children an important target for tobacco advertising.

In addition to retail terminals, tobacco promotions and sponsorships are also not explicitly prohibited in the second draft. Yang Gonghuan believes that promotions and sponsorships are essentially advertising in action. Anti-smoking advocates argue that regulations should be established to prohibit the appearance of tobacco trademarks, packaging, and decorations in sponsored activities.

Furthermore, anti-smoking advocates pointed out that the second draft defines advertising as "commercial advertising activities in which commodity operators or service providers introduce their promoted goods or services through certain media and forms, directly or indirectly," which narrows the scope of advertising too much. For example, advertising is limited to commercial advertising, which does not include public service advertisements, making it impossible to combat the inclusion of tobacco advertising in public service advertisements.