LANGUAGE
Last updated: October 14th 2021

Key Terms

Tobacco Sponsorship

Term Defined
Definition

“Tobacco sponsorship” means any form of public or private support to an event, activity or individual with the aim or direct or indirect effect of promoting the sales of a tobacco product, tobacco substitute, smoking accessory, tobacco imitation, electronic cigarette or nicotine-containing liquid.

Analysis

The definition of "tobacco 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))

Law Source, Section

Tobacco Advertising and Promotion

Term Not Defined
Analysis

While the law contains a definition of “marketing” (see below) which encompasses advertising and promotion activities, the law does not contain a definition of "tobacco advertising and promotion." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of “tobacco advertising and promotion” should be provided in accordance with the definition 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

“Tobacco product” means a product that can be consumed and consists wholly or partly of tobacco (nicotiana).

Analysis

The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” 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))

Law Source, Section

Marketing

Term Defined
Definition

“Marketing” means advertising, indirect advertising and other promotion efforts as well as tobacco sponsorship.

Analysis

The definition of “marketing” is significant because it encompasses tobacco advertising, promotion and sponsorship.

Law Source, Section

Indirect Advertising

Term Defined
Definition

“Indirect advertising” means the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product.

Analysis

The definition of “indirect advertising” is significant because the term is used in the definition of “marketing.”

Law Source, Section