Article 1 In order to strengthen the supervision and administration of tobacco advertisements and safeguard people's health, these Measures are formulated in accordance with the Advertising Law of People's Republic of China (PRC) (hereinafter referred to as the Advertising Law) and relevant state regulations.

Article 2 The term "tobacco advertisement" as mentioned in these Measures refers to the advertisement published by the producers or operators of tobacco products (hereinafter referred to as tobacco operators) containing the name, logo, 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 various waiting rooms, theaters, conference halls, stadiums and other public places.

Article 4 It is forbidden to publish tobacco advertisements in disguised form by radio, television, film programs and newspaper articles.

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.

Tobacco operators or their clients directly send advertising products to commercial service outlets and residential buildings, which must be approved by the advertising supervision and administration organs at or above the county level.

Article 6 Tobacco advertisements shall not be under any of the following circumstances:

(1) smoking image;

(2) the image of minors;

(3) encouraging or encouraging smoking;

(4) showing that smoking is beneficial to human health, relieving fatigue and mental stress;

(five) other violations of national advertising management regulations.

Article 7 Where the trademark names and service items of other commodities and services are the same as those of tobacco products, the advertisements of such commodities and services must indicate the commodity names and service types in an easily identifiable way, and shall not contain contents related to tobacco products.

Advertisers shall provide the following supporting documents when publishing the advertisements specified in the preceding paragraph:

(a) the qualification certificate issued by the relevant government departments for the enterprise to produce or operate goods and services;

(2) The trademark registration certificate obtained by the commodity or service in China;

(3) A certificate that the enterprise is actually engaged in the production or business activities of the goods and services within the territory of China;

(four) other documents as prescribed by laws and regulations on advertising management.

Article 8 In all kinds of temporary advertising business activities, where the name of the tobacco operator or the trademark of tobacco products is used as the name or title of the activity, advertisements such as competitions and performances with the name or title shall not be published through radio, television, movies, newspapers and periodicals. Article 9 When a tobacco operator publishes the following advertisements through radio, television, movies and newspapers, the name, trademark, packaging and decoration of tobacco products shall not appear. When the name of the enterprise is the same as the name of the tobacco trademark, the enterprise name shall not be highlighted by special design.

(1) Public service advertisements;

(two) notice advertisements such as relocation, house change and name change;

(three) business advertisements such as recruitment, recruitment, seeking cooperation and seeking services;

(four) the name of the thanking unit or sponsoring unit that appears at the beginning and end of the radio, film and television program;

(five) the name of the co-organizer indicated in the newspaper.

Article 10 Tobacco advertisements must be marked with warnings that smoking is harmful to health. The warning language must be clear and easy to distinguish, and its area shall not be less than 10% of the total advertising area.

Article 11 In violation of Article 3, Article 4, Article 7, Article 8 and Article 9 of these Measures, according to the provisions of Article 42 of the Advertising Law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to stop publishing, confiscate the advertising expenses, and may impose a fine of more than/kloc-0 and less than 5 times the advertising expenses.

Twelfth in violation of the provisions of Article 5, Article 6 and Article 10 of these measures, the advertising supervision and administration organ shall order advertisers, advertising agents and publishers to stop publishing, confiscate the advertising expenses and impose a fine of not more than 10,000 yuan.

Article 13 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.

Article 14 These Measures shall come into force as of the date of promulgation.