Last updated: May 23rd 2022

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. Having no definition for this key term makes it difficult to interpret and enforce provisions in the laws relating to sponsorship, and to implement and enforce FCTC Art. 13 and the FCTC Art. 13 Guidelines.

A definition of “tobacco sponsorship” should be provided in accordance with the FCTC 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

Tobacco advertisement: advertisements published by tobacco product manufacturer or distributor (tobacco operators) that include such content as tobacco enterprise name, logo, tobacco product name, trademark, package, or design.

Analysis

The definition of “tobacco advertisement” contained in the Interim Tobacco Advertising Management Rules is narrower than the definition of “tobacco advertising and promotion” contained in the FCTC. The definition appears to cover only direct forms of advertising, such as those containing tobacco product/enterprise names, logos, trademarks, package, and design. It does not appear to cover other forms of advertising and promotion, such as recommendations and actions that have the indirect or likely effect of promoting a tobacco product or tobacco use.

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 Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of “tobacco product” should be provided in accordance with the FCTC definition.

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))