Last updated: August 15th 2022

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship: any form of contribution in favor of an event, activity or person that may directly or indirectly promote the sale or consumption of tobacco and its derived products, including any form of activities described as social responsibility or charity activities or with other similar descriptions.

Analysis

The definition of "sponsorship" contained in the law aligns with the definition of “tobacco sponsorship” 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 Defined
Definition

Advertising and promotion of tobacco and its derived products: any form of psychological action on the public, in particular by commercial communications and recommendations, including door-to-door sales and telemarketing, with the aim or likely effect of directly or indirectly encouraging the consumption or distribution, for free or for profit, of tobacco and its derived products or tobacco use.

Analysis

The definition of “advertising and promotion of tobacco and its derived products” contained in the law aligns with the definition of “tobacco advertising and promotion” 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

[Law No. 12-2012] Tobacco products: all tobacco derivatives intended to be smoked, sucked, sniffed or chewed, as long as they are partially composed of tobacco, products intended to be smoked even if they do not contain tobacco, as well as all products involved with advertising for tobacco and its derivatives.

[Decree No. 2018-18] Tobacco products: all tobacco derivatives intended to be smoked, sucked, dipped, chewed, snuffed, sniffed, even if they are only partially composed of tobacco, products intended to be smoked even if they do not contain tobacco, and any products relating to advertising tobacco and its derived products.

Analysis

The definitions of "tobacco products" contained in the law and the decree align with the definition of “tobacco product” provided in FCTC Art. 1(f), and go further by including “products intended to be smoked even if they do not contain tobacco, and any products relating to advertising tobacco and its derived products.”

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))

Brand Stretching

Term Defined
Definition

Brand stretching: a tobacco brand name, emblem, trademark, logo or trade insignia or any other distinctive feature, including distinctive color combinations, connected with a non-tobacco product or service in such a way that the tobacco product and the non-tobacco product or service are likely to be associated.

Analysis

The definition of “brand stretching” contained in the law is significant because the law prohibits this practice.

Brand Sharing

Term Defined
Definition

Brand sharing means the use of a brand name, emblem, trademark, logo or trade insignia or any other distinctive tobacco sign, including distinctive color combinations, on a non-tobacco product or service, connected with a tobacco product or a tobacco industry company in such a way that the tobacco product or company and the non-tobacco product or service are likely to be associated.

Analysis

The definition of “brand sharing” contained in the law is significant because the law prohibits this practice.