Last updated: August 21, 2023
Key Terms
Tobacco Product
"Tobacco products" means: 1) Products that may be smoked, inhaled, sucked or chewed or otherwise ingested, regardless of whether such products are wholly or partially manufactured from tobacco. 2) Goods intended for use together with goods covered by no. 1.
The definition of "tobacco products" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f) and encompasses more than the definition contained in the FCTC because it covers e-cigarettes, herbal products and other tobacco product substitutes.
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
Tobacco Sponsorship
"Sponsorship" means any form of public or private contribution to an event, an activity, or an individual for the purpose of promoting the sale of tobacco products, tobacco substitutes, or herb-based smoking products or with this as a direct or indirect effect.
The definition of "sponsorship" contained in the law aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).
Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))
Tobacco Advertising and Promotion
"Advertising” means any action for commercial purposes intended to promote the sale of tobacco products, tobacco substitutes, and herb-based smoking products, or that have this as a direct or indirect effect.
Advertising is additionally defined as:
1) Use of a name, brand, symbol or other defining characteristics that are mainly associated with tobacco products, tobacco substitutes and herb-based smoking products in advertising pertaining to other products and services;
2) Marketing of tobacco products, tobacco substitutes and herb-based smoking products using a brand that is publicly known or applied as a brand on other products or services;
3) Use of a layout, design or certain color compositions that can be associated with specific tobacco products, tobacco substitutes and herb-based smoking products;
4) Use of recognizable tobacco products, tobacco substitutes and herb-based smoking products in advertising for other products and services.
The definition of “advertising” contained in the law aligns with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).
Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))
Point of Sale
"Point of sale" for tobacco products, tobacco substitutes and herb-based smoking products means any location where tobacco products, tobacco substitutes and herb-based smoking products are offered up for sale.
The definition of point of sale is significant because the law restricts the advertising and display of tobacco products at points of sale.
