Tobacco advertising: uneven progress in Southeast Asia

The SEATCA TAPS Index 2024[1] analyzes the implementation of Article 13 of the WHO Framework Convention on Tobacco Control (FCTC) on the banning of all tobacco advertising and promotion in ten ASEAN countries. Despite progress, efforts remain fragmented and many governments struggle to comprehensively ban the advertising, promotion and sponsorship (TAPS) of tobacco products and electronic nicotine delivery devices. The study calls for strengthening legislation, particularly in the face of new digital formats and indirect industry strategies.[2].

The TAPS Index 2024 is based on a detailed questionnaire completed by national partners in each ASEAN country, supplemented by SEATCA's regular monitoring of tobacco industry activities. The data covers the status of legislation and its effective implementation in ten countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The analysis also incorporates the regulation of new nicotine products, which are rapidly growing in the region.

The assessment is aligned with the guidelines of Article 13 of the FCTC and its supplements adopted at COP10[3] in February 2024. These texts recommend a complete ban on all forms of advertising, direct or indirect, including via digital media, or product placements, as well as all promotional practices or sponsorship, particularly of cultural or sporting events, as well as patronage and corporate social responsibility (CSR) activities.

Article 13 of the FCTC: an essential pillar of tobacco control

Article 13 commits Parties to ban all forms of tobacco advertising, promotion, and sponsorship within five years of ratification. The guidelines specify that this ban must apply to all channels—traditional and digital media, retail, sponsorship, CSR, and cross-border marketing. At COP10, specific guidelines were adopted to address cross-border and entertainment advertising, reflecting the new challenges posed by digital platforms.

Uneven results and persistent regulatory flaws

A comparative analysis of the ten ASEAN countries shows a contrasting situation in the fight against advertising, promotion and sponsorship of tobacco products, with notable gaps between the legislation in force and its effective implementation.

Laos is the only country to have implemented a truly comprehensive ban on all forms of advertising, both for traditional tobacco products and vaping devices. However, enforcement challenges remain, particularly in rural or low-resource areas.

Countries such as Thailand, Singapore, and, to a lesser extent, Myanmar, have legislative frameworks that come close to complete prohibition. Thailand, a pioneer in this area, was the first Asian country to ban the display of tobacco products at the point of sale in 2005. Singapore has also distinguished itself with rigorous measures, including the ban on online sales and the adoption of plain packaging. Myanmar, although it has an advanced legislative framework, faces significant enforcement challenges, limiting the real effectiveness of its laws.

In contrast, Indonesia, which has not ratified the FCTC, and the Philippines, despite being a Party to the Convention, appear to be the most permissive countries in the region. In Indonesia, tobacco advertising remains permitted in some media, and local regulatory initiatives are often thwarted by a lack of national harmonization. In the Philippines, persistent loopholes in the law still allow point-of-sale advertising and the distribution of samples or discounts, including for vaping products. These shortcomings are compounded by lax enforcement and heavy industry involvement in sponsorship and communications activities related to its "corporate social responsibility" activities.

In several countries, such as Cambodia, Vietnam, and Malaysia, laws prohibit certain forms of advertising, particularly on television and in the written press, but do not regulate, or only partially regulate, content broadcast on social media, product placements, or "brand stretching" practices. These legal blind spots are widely exploited by manufacturers to maintain a constant visual presence for their brands, particularly among young people.

Product visibility in points of sale remains permitted in many countries, increasing the appeal of tobacco and vaping products in public spaces. In some cases, products are displayed at child height or near candy and toys. Bans are often partial, as in Cambodia or Vietnam, where display is limited to a single pack per brand, but remains legal.

Finally, the analysis highlights that, although most ASEAN countries require pictorial health warnings on cigarette packaging, only Thailand, Singapore, and soon Laos have adopted plain packaging. The other countries still allow attractive packaging using colors, shapes, and materials likely to appeal to current or potential consumers.

The report also reveals insufficient measures against cross-border and online advertising. Few countries have tools to monitor or sanction content promoted on the internet or international platforms. The lack of regional coordination allows manufacturers to circumvent restrictions by exploiting e-commerce platforms and social media.

Strengthening regulations in the face of new industry strategies

In response to the identified shortcomings, SEATCA is formulating a set of recommendations consistent with the guidelines of Article 13 of the FCTC and the decisions adopted at COP10. These recommendations emphasize the need to move from piecemeal or partial approaches to comprehensive bans, without exception, covering all tobacco and nicotine products, including vaping devices, regardless of the medium concerned.

Countries are urged to strengthen their legislative frameworks to cover all communication channels, sales media, forms of promotion, as well as indirect actions carried out under the guise of sponsorship or corporate social responsibility. Particular attention must be paid to regulating digital environments, where influence strategies have shifted massively.

Online sales and advertising must be explicitly prohibited, and digital monitoring mechanisms must be put in place to detect and remove illegal content.

States are also encouraged to prohibit the display of tobacco and vaping products at points of sale by removing displays and banning on-site advertising. They are also recommended to mandate plain packaging and ban any promotions such as discounts, giveaways, or contests that encourage consumption.

The report emphasizes the need to end sponsorship activities, so-called corporate social responsibility initiatives, and donations from tobacco companies, which constitute a form of interference in public health policies. These actions, often aimed at improving the image of manufacturers or gaining access to decision-making circles with a view to influencing public policy, are in direct contradiction with Article 5.3 of the FCTC. This article stipulates that countries must protect their public tobacco control policies from any interference from the tobacco industry.

Finally, SEATCA calls for strengthening regional cooperation among ASEAN countries to better control cross-border advertising and harmonize policies. This includes sharing monitoring tools, developing coordinated sanctions, and adopting common strategies to address changes in online marketing.

©Generation Without Tobacco

AE

[1] Press release, ASEAN governments still playing catch-up on banning tobacco advertising and promotions, SEATCA, published April 25, 2025, accessed April 30, 2024

[2] Southeast Asia Tobacco Control Alliance. (2024). SEATCA Tobacco Advertising, Promotion and Sponsorship Index: Implementation of Article 13 of the WHO Framework Convention on Tobacco Control in ASEAN Countries, 2024. Bangkok: Southeast Asia Tobacco Control Alliance.

[3] Tobacco-free generation, Conference of the Parties on Tobacco Control: Decisions on the Environment, Advertising and Human Rights, published February 20, accessed April 30, 2024