Last updated: January 24, 2022

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The law does not contain a definition of “tobacco sponsorship.” While a definition is not necessary to interpret the law because the term is not used in the law, the failure to define and use this key term impedes implementation of FCTC Art. 13, which requires Parties to adopt a comprehensive ban on tobacco advertising, promotion and sponsorship in accordance with its constitution or constitutional principles.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco sponsorship and contain a definition of "tobacco sponsorship" in accordance with the definition 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 Not Defined
Analysis

The law does not contain a definition of “tobacco advertising and promotion.” The failure to define this key term could impede implementation and enforcement of the law's provision banning promotion of smoking and tobacco products.

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 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 Not Defined
Analysis

The law does not contain a definition of "tobacco product." Failure to define this key term may impede implementation and enforcement of the provision prohibiting promotion of tobacco products. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of "tobacco product" in accordance 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))