Last updated: October 1, 2020

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis The law does not contain a definition of “tobacco sponsorship.” Undefined key terms may hinder implementation and enforcement of provisions the law. Here, having no definition for “tobacco sponsorship” may hinder enforcement of the prohibition on tobacco advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and contain a definition of “tobacco sponsorship” in accordance with the definition provided in 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 Not Defined
Analysis

The law does not contain a definition of “tobacco advertising and promotion.” Undefined key terms may hinder implementation and enforcement of provisions the law. Here, having no definition for “tobacco advertising and promotion” may hinder enforcement of the prohibition on tobacco advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion and contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in 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
Definition

“Tobacco” is understood to refer to any product containing, even if only partially, tobacco used for smoking, snuffing, chewing, or sucking.

Analysis

Article 2 of Executive Decree No. 01-285 contains a definition of “tobacco” which aligns with the FCTC.

To more fully align with the FCTC, the definition could make clear that tobacco products contain, wholly or in part, leaf tobacco as a raw material as provided in the definition in 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))