Last updated: June 1, 2020
Action Required for Advertising, Promotion and Sponsorship Not Banned
Disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures
The law does not provide for this disclosure, as required by FCTC Art. 13.4(d). Since the law does not prohibit advertising, promotion and sponsorship, but rather, allows for industry “self-regulation,” tobacco industry activities and expenditures on these activities are particularly important information for the government to receive in order to monitor tobacco industry advertising, promotion and sponsorship activities.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require disclosure of specified information on tobacco APS and on APS expenditures in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines para. 41.
Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship
Restrictions on tobacco advertising, promotion and sponsorship exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.
The Guidelines state that one of five listed warnings shall be displayed on tobacco advertising except where “it is difficult to display the wording” because the advertising area “is extremely small.” Because the Guidelines are non-binding, the regulatory status “Not Required” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should require health warning messages on all permitted forms of tobacco advertising, promotion and sponsorship.
Disclosed information readily available to the public
The law does not require disclosure of information by the tobacco industry and therefore does not provide for public availability of information disclosed by the tobacco industry.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry and require that such disclosures be made available to the public in accordance with FCTC Art. 13.4 and FCTC Art. 13 Guidelines paras. 41 and 42.
