Last updated: May 23rd 2022

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Advertisers, advertising agents, advertisement publishers
Fine, Corrective action required
Enforcement Agency

State Administration of Industry and Commerce (SAIC)

Analysis

For acts of advertising tobacco through broadcast, films, television, newspapers, or periodicals in violation of Art. 18 of the Advertising Law, fines may be imposed ranging from twice to less than five times the advertising expenses. Corrective action includes stopping the advertising and confiscating the advertising expenses.

For violation of paid depiction of tobacco products, fines may be imposed ranging from twice to less than five times the advertising expenses. Corrective action includes stopping the advertising and confiscating the advertising expenses.

If permitted advertising does not have the requisite approval, contains prohibited images (e.g., smoking, underage people) or prohibited messages (e.g., health benefits), or does not contain the requisite health warning, a fine up to RMB10,000 may be imposed. Corrective action includes stopping publication of advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should also impose cumulative fines, higher fines for repeat violations, and a range of sanctions including license suspension or revocation.

Sponsorship

Advertisers, advertising agents, advertisement publishers
Fine, Corrective action required
Enforcement Agency

State Administration of Industry and Commerce (SAIC)

Analysis

For violations of publicity of sponsorship (Arts. 8 and 9 of the Interim Tobacco Advertising Management Rules), fines may be imposed ranging from twice to less than five times the advertising expenses. Corrective action includes stopping the advertising and confiscating the advertising expenses.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a complete ban on sponsorship and publicity thereof. However, for any permitted sponsorship or publicity thereof, the law should also impose cumulative fines, higher fines for repeat violations, and a range of sanctions including license suspension or revocation.