Last updated: April 13, 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

“Sponsorship” means any form of contribution to an event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.

Analysis

The definition of “sponsorship” contained in the Public Health Act 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

“Advertisement” includes a statement, communication, representation or reference distributed to members of the public or brought to the notice of members of the public
(a) which encourages or is likely to encourage the use of tobacco or a tobacco product, or
(b) which is intended to promote or is likely to promote the sale of tobacco or a tobacco product or encourage its use, or
(c) which draws attention to the nature of tobacco or a tobacco product or encourages or is likely to encourage its use, or which draws attention to the nature, properties advantages or its uses, and
a drawn, still or moving picture, sign, symbol, or any other visual image or audible message designed for the sale of, or which publicises tobacco or a tobacco product or encourages or is likely to encourage its use.

Analysis

The definition of “advertisement” in the Public Health Act is more limited than the definition of “tobacco advertising and promotion” in FCTC Art. 1(c) in that the PHA definition does not include “actions” and is limited to statements, communications, representation or reference aimed at “members of the public.” Due to these limitations some promotional practices, such as retailer incentive programs, may be unintentionally excluded from the PHA definition.

The law should contain a definition of “tobacco advertising and promotion” 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 entirely or partly made of tobacco leaf as raw material which has been treated or manufactured to be smoked, sucked, chewed or sniffed or handled.

Analysis

The definition of “tobacco product” contained in the Public Health Act 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))