LANGUAGE
Last updated: May 15th 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

"Sponsorship" means a form of contribution to any event or activity with the same effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.

Analysis

The law’s definition of “sponsorship” does not align with the definition provided in FCTC Art. 1(g) in that it does not include contributions to individuals. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and define "sponsorship" in accordance 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))

Law Source, Section

Tobacco Advertising and Promotion

Term Defined
Definition

"Tobacco advertising and promotion" means 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.

"Advertisement" includes (a) any public statement, communication, presentation or reference that promotes or publicizes tobacco or a tobacco product or encourages use or draws attention to the nature, properties, advantages or use of the product; (b) the use of any advertisement or promotion aimed at the public of a tobacco product manufacture's company name where the name or any part of the name is used as or is included in a tobacco product trademark; (c) product stacking and product displays of any kind or size.

"Promotion” is the practice of fostering awareness of and positive attitudes toward a product, brand or manufacturer for the purpose of selling the product or encouraging tobacco use and underestimating the dangers of tobacco consumption through various means including direct advertisement, discounts, incentives, rebates, free distribution, promotion of brand elements through related events and products through a public or private medium of communication and creating recognition of or goodwill for the tobacco manufacturer.

Analysis

The law defines “tobacco advertising and promotion,” “advertisement,” and “promotion,” all of which align with the definition of “tobacco advertising and promotion” 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))

Law Source, Section

Tobacco Product

Term Defined
Definition

"Tobacco product'' means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves intended for use by smoking, inhalation, chewing, sniffing, sucking or any other means of consumption and it includes cigarette papers, tubes and filters.

Analysis

The law’s definition of “tobacco product” aligns with the definition provided in the FCTC Art. 1(f) and is broader in that it includes cigarette papers, tubes, and filters.

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))

Law Source, Section

Brand Element

Term Defined
Definition

"Brand element" includes the brand name, manufacturers name, trade-mark, trade-name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, motto, selling message, recognisable colour or pattern of colours, or any other elements that is reasonably associated with or that evokes a product, a service or a brand of products or service, and includes any portion of a brand element.

Analysis

The definition of “brand element” helps to clarify both the scope of the sponsorship restriction and allowed point of sale tobacco advertising and promotion.

Law Source, Section