Malaysia

The regulations broadly prohibit, among other things, the display, distribution, printing or publication of any tobacco advertisement. Therefore, tobacco advertising is prohibited on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.

The regulations broadly prohibit, among other things, the display, distribution, printing or publication of any tobacco advertisement, and specifically prohibit the sale of any newspaper or magazine that contains a tobacco product advertisement. Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic newspapers and magazines.

The regulations prohibit, among other things, displaying or affixing any tobacco product advertisement; distributing any tobacco product advertisement; and printing or publishing any brand name, trade mark or pictorial device related to a tobacco product advertisement. A “tobacco product advertisement,” by definition, includes pamphlets, circulars, brochures, posters, banners and placards. Therefore, tobacco advertising by domestic print media, such as pamphlets, leaflets, flyers, posters and signs is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic print media.

The regulations broadly prohibit, among other things, the display, distribution, printing or publication of any tobacco advertisement. The regulations do not specifically address cross-border tobacco advertising via broadcast media. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on cross-border or international TV and radio is prohibited.

The regulations broadly prohibit, among other things, the display, distribution, printing or publication of any tobacco advertisement, and specifically prohibit the sale of any newspaper or magazine that contains a tobacco product advertisement. Arguably, this provision could be used to prohibit tobacco advertising in international newspapers and magazines. However, because the ban does not explicitly cover international newspapers and magazines, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion in international newspapers and magazines is prohibited.

The regulations prohibit, among other things, the “distribution” of any tobacco product advertisement. The definition of “tobacco product advertisement” broadly includes “any representation . . . information, or advertisement made in any manner to any person or to the public for the purposes of promoting directly or indirectly the sale or disposal of tobacco product. . . .” Under these provisions, tobacco advertising by internet communications is prohibited because this constitutes the “distribution” of tobacco product advertisement.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising via the internet.

The regulations prohibit, among other things, the display of any tobacco product advertisement, the distribution of any tobacco product advertisement, and the printing of any brand name, trademark or pictorial device associated with a tobacco product advertisement. The definition of “tobacco product advertisement” includes, among other things, “displaying any poster, banner, placard, notice or other document on any wall, billboard, or on any other object or thing.” These provisions ban outdoor tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising of tobacco products.

The regulations prohibit, among other things, displaying or affixing any tobacco product advertisement; distributing any tobacco product advertisement; and printing or publishing any brand name, trade mark or pictorial device related to a tobacco product advertisement. A “tobacco product advertisement,” by definition, includes pamphlets, circulars, brochures, posters, banners and placards, all of which are typically used at point of sale. Therefore, point of sale tobacco advertising and promotion is prohibited. In addition, the regulations, as amended by the 2009 amendments, require a retailer to post a prominent notice with the minimum retail price of cigarettes, and this notice may not contain any logo, brand or trademark of any cigarette.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

The regulations generally prohibit tobacco product advertising; however, the regulations specifically exempt from the ban advertising in or on product packaging. Regulation 5A could be interpreted as prohibiting point of sale product display, but it is our understanding that it is not being interpreted in this way. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product display and visibility, as this is a form of advertising.

The regulations state that no person shall "distribute, or cause or permit to be distributed any tobacco product advertisement." A "tobacco product advertisement," by definition, includes pamphlets, circulars, and brochures, which are the types of materials that would be delivered by conventional mail. Therefore, these provisions are interpreted as prohibiting tobacco product advertising via conventional mail because this involves "distribution" of tobacco product advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product advertising via conventional mail.

The regulations prohibit, among other things, displaying, distributing, printing and publishing tobacco product advertising. The definition of “tobacco product advertisement” includes, among other things, advertisement “through any communication, whether between persons and persons . . . in the form of sound. . . .” These provisions are interpreted as prohibiting tobacco advertising by telephone and cellular phone, as this practice involves distributing a tobacco product advertisement through person to person communication.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by telephone and cellular phone.

The regulations prohibit displaying or affixing any tobacco product advertisement. The definition of “tobacco product advertisement” includes, among other things, “any writing or painting on any wall, vehicle, calendar, clock, clothing or any other object or thing.” Therefore, brand marking of building, vehicles or other equipment is prohibited, as this involved displaying tobacco product advertisements.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

The regulations prohibit the distribution of free samples of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (Sales to Minors) in this respect.

The 2004 Regulations prohibit promotional gifts, prizes or other rewards to consumers in conjunction with a tobacco product purchase. In addition, the regulations, as amended by the 2009 amendments, clearly prohibit promotional discounts.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, prizes, or rewards to consumers in conjunction with a tobacco product purchase.

Competitions associated with tobacco products violate the ban on tobacco product advertising and the ban on tobacco sponsorship. Regulation 4 prohibits the display of a tobacco product advertisement, and therefore any display of any tobacco product brand name, trademark or other symbol in association with a competition would violate the ban on advertising. Further, Regulation 5 prohibits any contract, agreement or understanding to promotion a tobacco product in exchange for sponsorship. Competitions associated with tobacco products may be considered a form of sponsorship and therefore prohibited by Regulation 5.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. However, to clarify the scope of the ban on tobacco sponsorship and to aid in enforcement of the ban, the law should provide a definition of “tobacco sponsorship” in accordance with the definition contained in FCTC Art. 1.

The regulations prohibit any person from “promot[ing] the sale of any tobacco product directly or indirectly.” This provision directly addresses targeting of individuals with marketing pitches in places such as bars or sporting events. Therefore, direct person-to-person targeting of individuals is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.

The regulations prohibit displaying or affixing any tobacco product advertisement. The definition of “tobacco product advertisement” includes, among other things, “any writing or painting on any wall, vehicle, calendar, clock, clothing or any other object or thing.” Therefore, brand stretching is prohibited, as this involves displaying tobacco product advertisements.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

The law does not directly address the use of non-tobacco brand names on tobacco products or services. Regulation 5A could be interpreted as prohibiting reverse brand stretching, but it is our understanding that it is not being interpreted in this way. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

The law does not address toys or candy that resemble tobacco products. Regulation 5A could be interpreted as prohibiting toys and candy that resemble tobacco products, but it is our understanding that it is not being interpreted in this way. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale, manufacture or distribution or toys or candy that resemble tobacco products.

The law does not address toys or candy that resemble tobacco products. Regulation 5A could be interpreted as prohibiting toys and candy that resemble tobacco products, but it is our understanding that it is not being interpreted in this way. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale, manufacture or distribution or toys or candy that resemble tobacco products.

The regulations prohibit any person from entering into a “contract, agreement, understanding or undertaking” to promote the sale of any tobacco product, either directly or indirectly. Therefore, retailers are prohibited from entering into any kind of program or agreement that provides incentives for the sale of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retailer incentive programs.

The regulations prohibit, among other things, the “display” or “distribution” of any tobacco product advertisement, as well as the sale of any film or video containing a tobacco product advertisement. The definition of “tobacco product advertisement” includes “any representation . . . made in any manner . . . through any communication . . . [including] sound [and] visual images” for the purpose of promoting a tobacco product, directly or indirectly; and thus encompasses tobacco product placement. Therefore, the paid placement of tobacco products in TV, film, or other media is prohibited, as this involves the “display” of a “tobacco product advertisement.”

Moreover, the 2013 amendments prohibit any person from entering into a “contract, agreement, understanding or undertaking” to promote the sale of any tobacco product, either directly or indirectly. This provision also prohibits any paid placement of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film and other media.

The regulations do not address unpaid depiction because the definition of “tobacco product advertisement” encompasses “any representation . . . for the purpose of promoting a tobacco product”; and thus does not encompass unpaid depiction, which generally is not for the purpose of promoting a tobacco product. Therefore, the regulatory status code “Allowed” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media is prohibited.

The law prohibits any contract, agreement, undertaking, or understanding to promote a tobacco product in exchange for any sponsorship, gift, prize, reward, scholarship, or like benefit. Many of the key terms including “sponsorship” and “promotion” are not defined, so the full scope of the law is unclear. The “like benefits” is interpreted to include all financial or other contributions that promote a tobacco product or tobacco use.

With this interpretation, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to financial contributions that promote a tobacco product or tobacco use. For better clarity, the law should prohibit all contributions, financial or otherwise, that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use, directly or indirectly.

The law prohibits any contract, agreement, undertaking, or understanding to promote a tobacco product in exchange for any sponsorship, gift, prize, reward, scholarship, or like benefit. The law is interpreted as prohibiting all contributions by the tobacco industry. Therefore, there can be no publicity of such sponsorship. However, many of the key terms including “sponsorship” and “promotion” are not defined, so the full scope of the law is unclear.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship.

The regulations prohibit the use on tobacco product packaging of any information that is false, misleading or deceptive or that is likely or intended to create an erroneous or false impression about the characteristics, health effects, hazards or emissions of a tobacco product. This ban includes a ban on words or descriptors such as “light”, “ultra light”, “mild”, “cool”, “extra”, “low tar”, “special”, “full flavor”, “premium”, “rich”, “famous”, “slim”, “Grade A” or any similar terms or descriptors. This prohibition, together with the general prohibition on tobacco advertising, effectively prohibits promotion by means that are false, misleading or deceptive.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading or deceptive.