LANGUAGE
Last updated: June 1st 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Tobacco sponsorship: Any type of contribution to any action, activity or individual, with the goal, effect or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco.

Analysis

The definition of “tobacco sponsorship” contained in the Regulations aligns with the definition of “tobacco sponsorship” contained in FCTC Art. 1.

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 Not Defined
Analysis

The lack of this key definition could make it difficult to interpret the law and implement the ban on tobacco advertising and promotion. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in the FCTC.

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 products shall be understood as cigarettes, cigars, tobacco, chopped tobacco, hookah or water pipes, tobacco leaf extracts and other products of similar use, prepared entirely or in part by using tobacco leaves as raw material and which are designed to be smoked, inhaled, sucked, chewed or used as snuff. It also includes electronic nicotine delivery systems.

Analysis

The definition of “tobacco products” contained in the Regulations aligns with the definition contained in FCTC Art. 1, and goes beyond the FCTC definition in that it also encompasses “electronic nicotine delivery systems.”

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))

Electronic Nicotine Delivery Systems

Term Defined
Definition

Electronic Nicotine Delivery Systems: Are conceived for delivery of nicotine directly to the breathing apparatus. The term encompasses products containing tobacco derived substances but in which this is not necessary for them to work. They are battery devices that administer inhalable doses of nicotine by releasing a vaporized mixture of this substance and propylene glycol. The most popular is the one denominated ”electronic cigarette”.

Analysis

The definition of “electronic nicotine delivery systems” is significant because the definition of “tobacco products” encompasses “electronic nicotine delivery systems.” Therefore, the ban on advertising of tobacco products includes a ban on advertising electronic nicotine delivery systems.