LANGUAGE
Last updated: September 23rd 2021

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The law does not contain a definition of “tobacco sponsorship,” nor does it ban tobacco sponsorship.

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
Definition

“Advertisement[s]” means information on the subject of advertising distributed in any form by any means, designed for unlimited groups of people (advertisement users), and aimed at attracting attention to the subject of advertisements, generating or maintaining interest in it and/or its promotion on the market.

Analysis

The Law on Advertising does not contain a definition for “tobacco advertising and promotion.” However, it does contain a definition for “advertisement,” which applies to advertising of all products. The law’s definition of “advertisement” is limited to the distribution of “information,” whereas the FCTC definition includes “commercial actions,” and therefore the law’s definition may fail to cover certain types of promotional actions such as retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained 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 product” means a product made entirely or partially of tobacco raw materials in such a way as to be used for smoking, sucking, chewing or sniffing, other consumption methods, packaged in consumer packaging for retail.

Analysis

The definition of “tobacco product” provided in Decree No. 28 of 2002 aligns with the definition of “tobacco product” provided 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))