Last updated: February 3, 2020
Law 26687 states: "Sponsorship by brands of products prepared with tobacco: Any form of contribution to any action, activity, individual or legal entity, public or private, with the goal or for the purpose of promoting the brand name of a product prepared with tobacco."
Decree 602 states: "Sponsorship by the actual manufacturer or importer of tobacco products is included in this definition, regardless of whether product brand names are used during the promotion."
Law 26687 contains a definition of “sponsorship by brands of products prepared with tobacco” and Decree 602 clarifies this definition, making clear that "tobacco sponsorship" includes manufacturer as well as brand sponsorship. Taken together, the definition of tobacco sponsorship in the law and decree align 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
Law 26687 states: "Advertising and promotion of products made with tobacco: Any form of communication, recommendation or commercial action for the purpose, effect or possible effect of directly or indirectly promoting the consumption of products prepared with tobacco."
Decree 602 states: "Included in this definition is non-traditional advertising, considering as such any kind of audiovisual commercial communication that consists of including or referring to a product made with tobacco or its brand, in such a way that it appears in a program in exchange for payment or similar compensation."
The definition of “advertising and promotion of products made with tobacco” in Law 26687 aligns with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c). Implementing Decree 602 makes clear that this definition includes all types of tobacco advertising and promotion, traditional and non-traditional.
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))
Law 26687 defines "products prepared with tobacco” as “those prepared that use tobacco totally or in part as raw material and are meant to be smoked, sucked, chewed, breathed in, inhaled or used as snuff."
Decree 602 provides: "The following will be considered products that can be identified as tobacco products:
a) Products for smoking that are not made from tobacco, such as electronic cigarettes, cigars or cigarettes made of other ingredients, etc.
b) Elements or accessories for smoking: such as cigarette holders, water pipes or hookahs, electronic devices for smoking and their accessories, cigarette rollers, ashtrays, etc.
c) Elements identified or associated with brands of tobacco products: t-shirts, caps, lighters, or any kind of product that is not made from tobacco and that uses emblems, figurative brands, images, aromas, or visual or auditory signatures that can be associated with tobacco.
It should be noted that the foregoing list is by way of illustration, and is in no way categorical or exclusive of other products that meet these conditions."
The definition of “tobacco product” in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Decree 602 goes further than the FCTC by including in the definition of "tobacco product" smoking products not made from tobacco, smoking accessories, and non-tobacco products bearing tobacco logos or other marks.
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))
Law 26687 provides: "Direct communication: That which is not visible or accessible to the general public and that is aimed at the public of majority age, identified through the identity document for each of those who have irrefutably accepted the receipt of such information."
Decree 602 provides: "Communication that can only be perceived or received by an individual recipient is considered to be not visible or accessible to the general public."
The definition of “direct communication” in the law and decree is significant because “direct communication” under certain conditions is exempt from the ban on advertising.