Order No.46 of the People's Republic of China and the State Administration for Industry and Commerce
Article 1 In order to strengthen the supervision and management of tobacco advertising and safeguard people's health, according to the Advertising Law of the People's Republic of China.
article 2 tobacco advertisements mentioned in these measures refer to advertisements published by producers or distributors of tobacco products (hereinafter referred to as tobacco operators), which contain the name and logo of tobacco enterprises, the name, trademark, packaging and decoration of tobacco products, etc.
article 3 it is forbidden to publish tobacco advertisements by radio, movies, television, newspapers and periodicals.
It is forbidden to set up tobacco advertisements in public places such as waiting rooms, theaters, conference halls and sports venues.
Article 4 It is forbidden to publish tobacco advertisements in disguised form by using radio, television, film programs and articles in newspapers and periodicals.
article 5 the publication of tobacco advertisements in media or places outside the scope prohibited by the state must be approved by the advertising supervision and administration organs at or above the provincial level or the advertising supervision and administration organs of the cities under the provincial jurisdiction authorized by them.
a tobacco operator or his/her client must obtain the approval of the advertising supervision and administration organ at or above the county level where he/she is located to send advertising products directly to the point of sale and residence of the commercial and service industries.
Article 6 Tobacco advertisements shall not contain the following situations:
(1) Smoking images;
(2) the image of minors;
(3) encouraging or encouraging smoking;
(4) indicates that smoking is beneficial to human health, relieving fatigue and relieving mental stress;
(5) other violations of state regulations on advertising management.
article 7 if the trademark names and service items of other commodities and services are the same as the trademark names of tobacco products, the advertisements of the commodities and services must clearly indicate the commodity names and service types in an easily recognizable way, and shall not contain any indication that the commodities and services are related to tobacco products.
An advertiser shall provide the following supporting documents when publishing the advertisement specified in the preceding paragraph:
(1) the qualification certificate issued by the relevant government departments for the enterprise to produce or operate the goods and services;
(2) the trademark registration certificate obtained by the commodity or service in China;
(3) the certificate that the enterprise is actually engaged in the production or business activities of the goods and services within the territory of China;
(4) other supporting documents stipulated by laws and regulations on advertising management.
article 8 in all kinds of temporary advertising activities, where the names of tobacco dealers and trademarks of tobacco products are used as the title or title of the activities, advertisements such as sports events and performances with titles or titles may not be published through radio, television, movies, newspapers and periodicals. Article 9 When a tobacco operator publishes the following advertisements through radio, television, movies, newspapers and periodicals, the name, trademark, packaging and decoration of tobacco products shall not appear. When the enterprise name appears to be the same as the tobacco trademark name, it is not allowed to highlight the enterprise name
by means of special design.