You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 5, 2024

Cambodia Issues Directive Highlighting Alcohol Advertising Limits

Subscribe to Updates

On January 9, 2024, Cambodia’s Ministry of Information (MOI) issued an official notification letter reminding the alcohol and advertising industries of past directives, instructions, and the MOI’s Code of Conduct surrounding alcohol advertising. The step comes as the MOI reports that they are seeing increased noncompliance in this area of advertising. In addition, several recent high-profile traffic accidents that involved drunk driving are likely serving as a trigger for the government to review its alcohol-related policies, including on advertising.

Alcohol Advertising Rules and Limits

The notification letter reminds the industry that there are limits to alcohol advertising, including:

  • Advertising alcohol alongside potential prizes or undertaking “other activities that motivate, encourage, or entice people to overindulge on alcohol”; and
  • Using women or minors to advertise alcohol.

Furthermore, all alcohol advertising must also include the phrase “Don’t Drink and Drive” or “Drink Responsibly.”

The notification letter explains that media outlets failing to comply with the instructions may be subject to penalties. Although the penalties are not clearly identified in reference to a specific law or regulation, it is possible that actions could include the consequences outlined under the agreement between each media outlet and the MOI, with potential suspension of the media license being an option in case of persistent noncompliance. However, this rather strong enforcement tool would only affect the media outlet that carries out the advertising rather than the alcohol producer that instigated the advertising. Penalties for the alcohol industry are not immediately clear, although it may be that the possible suspension or taking down of noncompliant advertising is considered a sufficient penalty for the time being.

Past MOI Circulars and Letters

The notification letter further reminds the industry to follow Circular No. 492 on Alcohol Advertisement (2014). It also references two notifications (Nos. 1134 and 1294) on the same subject that were issued in 2017.

The 2017 notifications refer to a requirement to register and seek permission for advertising with rewards, suggesting that certain forms of alcohol advertising with prizes or rewards may be permitted by the MOI.

Furthermore, the notifications state that alcohol advertisements may only mention brand information and where to purchase the products without containing further enticing imagery.

The latest notification letter does not repeat these strict content requirements, and in practice, the prohibition on enticing imagery has often been ignored. A quick survey of the current state of the alcohol advertising industry in Cambodia shows that noncompliance is widespread, with many brands using, for example, images of influencers to advertise their products.

In addition, the conflicting or unclear instructions in the letters, notifications, and circular do not seem to encourage effective self-regulation, as the rules leave room for interpretation or at least an argument that there is confusion over the exact rules.

Alcohol Control Legislation

Hopes are pinned on the draft Law on Alcohol Control, although the law has been lingering in the draft stages since 2015.

This law would likely include clearly legislated penalties and should set a clear framework for authorities to enforce, rather than relying on circulars, letters, instructions, and codes of conduct that may not have clear legal bases or penalties tied to noncompliance.

Related Professionals

Practices

Regulatory Affairs

Location

RELATED INSIGHTS​ 

August 29, 2023
Laos’ Ministry of Health (MOH) has promulgated a regulation detailing registration and notification protocols for medical devices. Decision on the Registration and Notification of Medical Devices No. 1470/MOH will come into force 60 days after both the signing of the regulation (which already occurred in July) and publication in the Official Gazette, which has not yet been specified by the government. Registration of medical devices in Laos is mentioned in the country’s Law on Drugs and Medical Products No. 07/NA, dated December 21, 2011, but a registration procedure has not been put in place. There was only a separate requirement to furnish certain required documents when importing medical devices. Now, the decision outlines the registration and notification process for medical devices through the Ministry of Health’s Food and Drug Department (FDD), in line with the regulatory principles in the ASEAN Medical Device Directive of 2015, which Laos has ratified. Medical Devices in Laos The decision defines medical devices as any instrument, apparatus, implement, machine, appliance, implant, in vitro reagent or calibrator, software, material, or other similar or related article intended for any of the following uses in humans: Diagnosis, prevention, monitoring, recovery from, or alleviation or treatment of a disease; Diagnosis, monitoring, recovery from, or alleviation of or compensation for an injury; Replacement, modification, or support of anatomy or a physiological process; Supporting and sustaining life; Controlling or assisting in conception; or Disinfection and sterilization of tools and medical devices. Medical devices in Laos are given one of four classifications based on their level of risk: Class A – Low risk (e.g., rubber belts, cotton for medical purposes, nonwoven swabs, adhesive bandages) Class B – Low-moderate risk (e.g., neonatal suction equipment, surgical gloves, gastro-catheters) Class C – Moderate-high risk (e.g., endoscopic surgical equipment, anesthesia equipment, peritoneal dialysis equipment) Class
Read More
August 29, 2023
Since the June 9, 2022, delisting of all parts of the cannabis plant according to the Narcotics Code, there has been an explosion of cannabis dispensaries operating in Thailand. The Department of Thai Traditional and Alternative Medicine (DTTAM) has issued more than 12,000 cannabis dispensary licenses to businesses in Thailand. A license allows a dispensary to sell cannabis flowers legally. In addition, the DTTAM requests the cooperation of dispensaries in submitting monthly reports about the sourcing, selling, and inventory of cannabis flowers. The DTTAM may suspend the selling license of dispensaries that fail to submit these reports. Apart from the enforcement duties and administrative acts of the DTTAM, the enactment of the laws and regulations pertaining to cannabis seemed to be drastically winding down. One of the reasons was that Thailand had delays in the process of forming a new government following the general election of May 14, 2023. These delays dampened Thailand’s thriving cannabis industry. In particular, the industry has concerns about the uncertainty of the nascent cannabis law. On August 11, 2023, the Narcotics Control Division of the Thai Food and Drug Administration (FDA) posted the Draft Regulation Re: Application for Approval and Approval for Manufacture, Importation, Exportation, Distribution or Possession of Narcotics under Category 5 (Extracts from Cannabis or Hemp Plants Only). This may be the first regulation that the newly formed government implements with regard to cannabis extracts. Unlike the DTTAM’s enforcement activities, the Thai FDA requests that a domestic manufacturer, importer, exporter, or seller of cannabis extracts apply for a license. The Thai FDA, as the authority, will consider granting a license only in the following cases: For medical benefits; For commercial or industrial benefits; For the benefit of medical or scientific analysis or research; and For use by the government for preventing and
Read More
August 9, 2023
Cambodia imports a substantial amount of food products to meet its domestic demand. Most of these imported products are from nearby ASEAN countries, with Thailand, Malaysia, and Vietnam providing the bulk of these food imports. However, food products from markets further away are becoming more popular each year, including brands from Australia, Japan, China, the EU, South-Korea, and the US. Many food product owners and distributors do not realize that all types of prepackaged food products, including imports, require product registration before they are permitted to be sold in Cambodia. This usually requires an assessment against mandatory Cambodian Standards and local technical regulations. There are general Cambodian Standards that cover all types of prepackaged food products, as well as product-specific standards and regulations that may be applicable. Furthermore, any type of prepackaged food product sold in Cambodia must bear a Khmer language label that meets the minimum consumer information standards, and the Cambodian Standards. This label requirement is often overlooked, with many products on the market bearing only a foreign language label. Product Registration & Labeling Requirements Back in 2000, a Cambodian Standard on prepackaged food labeling was adopted, clearly mandating Khmer language labeling for all types of prepackaged foods. Unfortunately, this labeling standard was not widely adopted by the industry, and even today compliance is low. Low compliance, combined with a lack of widespread enforcement efforts, led to a misguided understanding that imported food products were not subject to any standards, did not require product registration, and were not required to bear Khmer language labeling. Recent legal developments related to consumer protection and food safety clarified several of these misunderstandings. For example, the regulations clearly state that all types of food product must meet the applicable standards and technical regulations, which is assessed through registration. The new Law
Read More
July 11, 2023
Enacted in 2009, Indonesia’s current Law on Health (Law No. 36/2009) is due for a refresh. The government realized that the law has not maintained its relevance when it comes to health trends such as digital health, which refers to the provision of health services online (also commonly known as telemedicine). While regulations and policy blueprints, such as Ministry of Health (MOH) Regulation No. 46/2017 concerning National E-Health Strategies, have addressed these shifting trends, Indonesia’s main health legislation has proved inadequate in this regard. For this reason, the government began making plans for an update to the law, and the first draft Omnibus Health Law was published in March 2023. The law addresses digital health and other important issues in today’s health landscape, and it seeks to promote the use of locally made health supplies. The draft Omnibus Health Law represents a notable step forward, but in its attempt to govern and regulate all aspects of health, there are also some issues in the draft that may overlap with some existing government regulations, such as provisions on Halal certification, compulsory licensing of patents, and addictive substances. This article outlines some of the draft law’s key aspects as well as some potential issues. Digital Health In addressing the growing health trend of telemedicine, the draft law confirms, reinforces, and fills gaps left by Indonesia’s three main regulations concerning telemedicine. namely, MOHR No. 20/2019 concerning Telemedicine, MOHR No. 24/2022 concerning Medical Records, and Medical Council Regulation No. 74/2020 concerning Telemedicine (MCR No. 74/2020). One of these regulations, MOH Regulation No. 20/2019, allows health service facilities to provide telemedicine services to other health service facilities. This covers telemedicine services related to radiology, electrocardiography, ultrasonography, and telemedicine consultancy services—including those that reflect developments in science and technology. This is the only regulation concerning
Read More