LANGUAGE
Last updated: July 21st 2021

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The law does not contain a definition of “tobacco sponsorship.” The lack of a definition may hinder enforcement of the law’s sponsorship promotion prohibition. 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 FCTC Art. 1(g) definition.

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

A cigarette product, tobacco product or smokeless tobacco product advertisement is any form of communication, recommendation or action with the effect or likely effect of promoting—(a) the purchase or use of a cigarette product, tobacco product or smokeless tobacco product; (b) the brand of a cigarette product, tobacco product or smokeless tobacco product.

"Commercial advertising" means any matter of a promotional character not intended primarily for the information, instruction or entertainment of listeners and viewers but made for the purpose of drawing public attention to the merits of goods, services, facilities, causes or events, broadcast at the request of any person, whether upon payment or otherwise but does not include announcements transmitted at the request of a Government Department or Board, nor a political broadcast nor a spot broadcast within the meaning of the Political Broadcasting Directions 1980.

Analysis

The description of a product advertisement in the Tobacco Control Law 2015 aligns with the FCTC Art. 1(c) definition of “tobacco advertising and promotion.” The description could be strengthened by including those communications, recommendations or actions with the aim of promoting tobacco products or use.

The definition of “commercial advertising” contained in both the Television Broadcasting Service Regulations 1987 (as amended) and the Sound Broadcasting Service Regulations 1994 is also relevant for purposes of advertising via those media.

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 composed in whole or in part from the leaf of the tobacco plant as raw material which is manufactured for human consumption.

Analysis

The law’s definition of “tobacco product” aligns with the definition of “tobacco product” 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))

Law Source, Section