Last updated: September 17, 2019
Key Terms
Tobacco Sponsorship
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).
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 for smoking products derived from tobacco: the display and any kind of announcement, whether via electronic means, including the internet, in print, or any other kind of communication to the public, whether or not it is addressed to consumers of products, for the purpose of promoting, propagating, disseminating, persuading people to smoke, selling or encouraging the use of smoking products derived from tobacco, either directly or indirectly.
Resolution No. 213 of January 23, 2018 defines the term “advertising for smoking products derived from tobacco” to include any kind of communication, including display, for the purpose of promoting tobacco products or tobacco use. The substantive provisions also state that “any kind of communication, recommendation or commercial action with the purpose, effect or likely effect of promoting, directly or indirectly, a tobacco product or its consumption” is to be considered advertising. Taken together, these provisions align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).
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
Smoking product: a manufactured product, whether it is a tobacco derivative or not, that uses leaves or extracts of leaves or other parts of plants in its composition, that is intended to be smoked, chewed or inhaled.
Tobacco derivative: any product manufactured for consumption that uses in its composition tobacco leaves, intended for smoking, inhalation or chewing, even if it is only partially composed of tobacco.
The definition of “smoking product” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component, making the APS ban applicable to such products as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco). Similar definitions are provided in Resolution No. 213 of January 23, 2018.
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))
Place of Sale
Place of sale: an area or fixed space physically set apart, located on the inside of a commercial establishment and intended for the display and sale of smoking products, whether or not they are tobacco derivatives.
The definition of “place of sale” is relevant for purposes of restrictions on the display of tobacco products at points of sale. A similar definition is provided in Resolution No. 213 of January 23, 2018.
