Last updated: July 29, 2022
The law does not contain a definition of “tobacco sponsorship.” To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and, to clarify the scope of the ban and aid in enforcement, provide a definition of “tobacco sponsorship” in accordance with the definition 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 of tobacco: any kind of promotion, communication, recommendation, publicity, information or action with the purpose or effect of promoting a product made with tobacco or tobacco consumption.
The definition of “advertising of tobacco” contained in Law 19419 is comprehensive and largely incorporates the elements of the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c). It includes the purpose and effect elements of the FCTC definition but does not refer to “likely effect.” This could impose higher evidentiary requirements, which could, in turn, limit practical application of the ban.
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 products: products prepared totally or in part using tobacco leaf as a raw material, and intended to be smoked, sucked, chewed or snuffed.
The definition of “tobacco products” contained in the law aligns with the definition provided in FCTC Art. 1(f).
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))