LANGUAGE
Last updated: December 7th 2020

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines. A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).

FCTC-Based Definition:

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

Term Defined
Expand to view related litigation.
Definition

Advertisement: includes any visible representation by way of notice, circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas.

Analysis

This definition is vague and does not meet the definition of “tobacco advertising and promotion” as provided in FCTC Art. 1(c). Further, the definition does not include “promotion.”

The definition as written does not provide a conceptual framework for advertising and promotion. It does not include the concept of a “commercial communication, recommendation or action.” Nor does it discuss the purpose or the effect of the communication, recommendation or action, as does the FCTC definition.

Further, the means of advertising (“by way of notice, circular, label, wrapper or other document” and via an “announcement make orally or by any means of producing or transmitting light, sound, smoke or gas” ) are not always consistent with the means of advertising in Section 5 of the law (through a “medium;” “on land, building, wall, hoarding, frame, post or structure;” etc.).

Omitting a conceptual framework from this key term makes interpretation of many provisions difficult and precludes the application of a comprehensive ban on advertising, promotion and sponsorship as provided by FCTC Art. 13 and the FCTC Art. 13 Guidelines. A definition of “tobacco advertising and promotion” should be provided in accordance with FCTC Art. 1(c).

FCTC-Based Definition:

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

Term Defined
Expand to view related litigation.
Definition

Tobacco products: means the products specified in the Schedule.

The Schedule specifies: cigarettes; cigars; cheroots; beedis; cigarette tobacco, pipe tobacco, and hookah tobacco; chewing tobacco; snuff; pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called); gutka; tooth powder containing tobacco.

Analysis

Although the definition includes an extensive list of tobacco products, it is not as comprehensive as the definition of “tobacco products” provided in FCTC, Art. 1(f).

A definition of “tobacco products” should be provided in accordance with the definition supplied by FCTC Art. 1(f).

FCTC-Based Definition:

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))

Indirect Advertisement

Term Defined
Expand to view related litigation.
Definition

Indirect advertisement: mentioned in Section 5(1) of the Act [COTPA] means: (1) the use of a name or brand of tobacco products for marketing, promoting or advertising other goods, services and events;

(2) the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

(3) the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

(4) the use of tobacco products and smoking situations when advertising other goods and services.

Analysis

This definition assists interpretation of instances of brand stretching and reverse brand stretching.