Last updated: December 15, 2020
Key Terms
Tobacco Sponsorship
“‘Sponsorship’ has the same meaning as it has in the Directive of 2003.”
The Directive of 2003 states: “sponsorship” means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product.
Section 7 of Public Health (Tobacco) Act (PHA) 2004 amends PHA 2002 Section 36 and adds a definition of “sponsorship” as defined in Directive 2003/33/EC. The definition of “sponsorship” in the Directive aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).
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
“‘Advertising’ has the same meaning as it has in the Directive of 2003, and cognate words shall be construed accordingly.”
The Directive of 2003 states: “advertising” means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product.
Public Health (Tobacco) Act (PHA) 2004 amended PHA 2002 to insert a definition of “advertising” as defined in Directive 2003/33/EC. In addition, Section 5 of PHA 2004 (amending Section 33A of PHA 2002) provides that, for that section, advertisement includes “every form of recommendation.” Taken together, the definition of “advertising” in the Directive and in Section 33A (point of sale) aligns with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).
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
Tobacco product: means— (a) any product consisting, in whole or in part, of tobacco, that is intended to be smoked, (b) a tobacco product within the meaning of the Finance (Excise Duty on Tobacco Products) Act 1977 (inserted by section 86(1) of the Finance Act 1997), or (c) any cigarette paper, tube or filter manufactured for use in the smoking of tobacco, other than a medicinal product within the meaning of the Irish Medicines Board Act 1995.
The definition of “tobacco product” in the Public Health (Tobacco) Act (PHA) aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Although the definition in the PHA is limited to a product “that is intended to be smoked,” the definition of “smoke” in the PHA includes “sniffing, chewing or sucking.” Thus, the definition of “tobacco product” in the PHA aligns with the definition of “tobacco product” in the FCTC.
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))
