DH takes action against unlawful tobacco advertising to safeguard a healthy, smoke free future for young people
In response to an online animation suspected of contravening the Smoking (Public Health) Ordinance (Cap. 371) (the Ordinance), the Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) today (August 18) stressed that the animation in question does far more than depicting a character smoking. It repeatedly, continuously and prominently displays cigarette packs and tobacco products from multiple angles, with clearly recognisable brand names and logos. Such depictions constitute tobacco advertising as defined under the Ordinance and are suspected to involve product placement and dissemination of tobacco advertisements, in breach of sections 13B and 14.
TACO received a public complaint regarding an animation containing tobacco advertisements posted on two online platforms. The animation repeatedly and clearly displayed tobacco products and a tobacco product brand name. Following investigation, TACO issued notices to the relevant platforms requiring them to cease any activities that may contravene the statutory prohibition on tobacco advertising. TACO will continue to follow up on the case.
According to section 13B of the Ordinance, no person shall place or cause to be placed a smoking product advertisement on the Internet; Section 14(1) of the Ordinance stipulates that an advertisement is a smoking product advertisement if it: (a) contains any express or implied inducement, suggestion or request to purchase or smoke any smoking product; (b) relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of any smoking product; or (c) illustrates or mentions smoking or any smoking products or their packages or qualities; Section 14(2) of the Ordinance clearly states that where an advertisement includes any trade mark or brand name of a smoking product, or any pictorial device or part thereof commonly associated therewith, then the advertisement shall be deemed to be a smoking product advertisement. According to the Ordinance, advertisement means any announcement to the public made or to be made in any manner.
Any person convicted of an offence under the relevant provisions is liable on conviction to a fine of HK$50,000, and in the case of a continuing offence, to an additional fine of HK$1,500 for each day during which the offence continues.
From 2022 to 2025, TACO received approximately 1 100 to 4 600 complaints or referrals each year concerning smoking product advertisements. During the same period, TACO issued a total of 180 summonses and 45 warning letters for suspected violations.
Prohibiting tobacco advertising and promotion is a key tobacco control measure in Hong Kong. TACO enforces the law strictly in accordance with statutory requirements and evidence, preventing any attempt to subtly promote tobacco products through animations or other means. This helps eliminate the harm posed by tobacco products and protects public health.
TACO again urges smokers to quit as early as possible, not only for their own health but also for the well being of their families and others. The DH's Integrated Smoking Cessation Hotline 1833 183, operated by registered nurses, provides professional counselling services to support smoking cessation.
Source: AI-found images
