China's top legislature on Friday adopted an amendment to the Advertisement Law that restricts tobacco advertising to minors.
The amendment to the 1994 Advertisement Law was approved by the Standing Committee of the National People's Congress and will take effect on Sept. 1.
Tobacco advertising will be forbidden on mass media, in public places, public vehicles and outdoors. Advertisements for other products or services should not include tobacco products, their packaging or trademarks.
Gan Lin, deputy head of the State Administration for Industry and Commerce, told a press conference that her administration would revise departmental regulations and deal with any breaches of the new rules.
China signed the WHO Framework Convention on Tobacco Control in 2003, which requires all signatories to "comprehensively ban all tobacco advertising, promotion, and sponsorship." A full ban has yet to be enacted in consideration of tobacco farmers in poor and remote areas.
Liu Shuangzhou, deputy head of the law school at the Central University of Finance and Economics, said the revised law will disappoint some people. Tobacco farmers' interests are not a solid reason, as no data showed that sales dropped in countries with full bans on tobacco ads. Bans are aimed at preventing minors from starting smoking, and are ineffective against smokers.
However, Liu said the result was acceptable, as legislation is a result of balancing different interests. Clearly banning outdoor tobacco ads is a progress.
There are more than 300 million smokers in China, with another 740 million people exposed to second-hand smoke.
A similar amendment bans advertising of dairy products, drinks and foods that claim to be a substitute for breast milk.
Advertisements for drugs, medical equipment and healthcare products must not use endorsements to testify the effects or safety of products.
Mass media can no longer run indirect medical ads or advertorials in the name of disseminating healthcare knowledge. Most of these ads mislead consumers and endanger public health due to collusion between hospitals, pharmaceutical companies and media organizations.
The revised law also increases punishments for false advertising, significantly raising the cost of breaking the law, with endorsers to be held responsible for any false claims. Minors under the age of 10 will not be allowed to endorse anything. Advertisers, clients, agents and publishers who violate the rules could be fined up to 1 million yuan (163,000 U.S. dollars).
All advertising in schools and kindergartens is prohibited as well as direct or indirect ads on educational materials such as textbooks, stationery, uniforms and school buses.
The revised law also bans the use of the army's flag, emblem and song in advertisements, in addition to the national flag, emblem and anthem.
