LANGUAGE
Last updated: October 1st 2019

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship agreement: a sponsorship agreement is an agreement under which in the course of a business, a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example the provision of services or of contributions in kind).

Analysis

The legislation provides a definition of “sponsorship agreements,” rather than a definition of “tobacco sponsorship.” Substantive provisions prohibit engaging in “sponsorship agreements” where the purpose or effect is to promote a tobacco product. Taken as a whole, the provisions achieve the intent and align with the concept of tobacco sponsorship set forth 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))

Law Source, Section

Tobacco Advertising and Promotion

Term Defined
Definition

Tobacco advertisement: means an advertisement – (a) whose purpose is to promote a tobacco product, or (b) whose effect is to do so.

Analysis

The definition of “tobacco advertisement” is narrower than the definition of “tobacco advertising and promotion” contained in the FCTC because, by covering “advertisements” only, it may not cover some types of promotional recommendations and actions. Further, because the law does not define “advertisement,” the scope of the ban on tobacco advertising may not be clear. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, 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 Defined
Definition

Tobacco product: tobacco product means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed.

Analysis

The definition of "tobacco product" aligns with the definition provided 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))

Specialist Tobacconist

Term Defined
Definition

Specialist tobacconist: a specialist tobacconist is a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe, tobacco and smoking accessories.

Analysis

This definition is significant because the law permits some forms of advertising at specialist tobacconist shops.