Last updated: February 26, 2020
The law does not contain a definition of "tobacco sponsorship." Undefined key terms can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "sponsorship," this may impair the ability of the ability of enforcement officers to implement the ban on tobacco sponsorship and fulfill the requirements of FCTC Art. 13.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in FCTC Art. 1.
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
"Tobacco product advertisement" means any advertisement - (a) containing any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product; (b) relating to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or (c) which mentions, illustrates or depicts - (i) the name or trade name of any person associated with the manufacture, distribution or marketing of any tobacco product; (ii) a brand name of or trade mark relating to any tobacco product; or (iii) any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product.
The law contains a definition of "tobacco product advertisement," which must be read in conjunction with the definition of "advertisement" in the law. When read together, the definition of "tobacco product advertising" is very broad and covers all forms of direct tobacco product advertising and most forms of indirect tobacco product advertising. However, the definition may fail to cover some "commercial actions," such as retailer incentive programs.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition 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))
"Tobacco product" means a cigarette, cigar or any other form of tobacco including any mixture containing tobacco.
"Tobacco" means the leaf of the Nicotiana Tobacum plant or other related plants, and any product obtained therefrom.
The definition of "tobacco product" contained in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1.
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))
"Advertisement" includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation, to the public or any section thereof or to any person made - (a) orally or in writing; (b) by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing; (c) by means of producing or transmitting sound or light and whether for aural or visual reception or both; (d) by means of any writing on any vehicle or any other object or thing; or (e) in any other manner whatsoever.
The definition of "advertisement" is significant because it impacts the definition of "tobacco product advertisement" and the two definitions must be read together. The definition of "advertisement" addresses the mode of advertisement, whereas the definition of "tobacco product advertisement" addresses content.
"Publish", in relation to an advertisement, includes issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever.
The definition of "publish" is signifcant because the law prohibits publishing tobacco product advertising. The definition of "publish" is broad and includes "making known an advertisement in any manner whatsoever."