Last updated: July 20, 2022

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The law does not contain a definition of “tobacco sponsorship.” The failure to provide a definition for this key term may hinder implementation or enforcement of substantive provisions regarding tobacco sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of “tobacco sponsorship” in accordance with the definition contained 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
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Definition

"Advertisement": an advertisement orally, in writing, in print, or by electronic means, including by means of the internet or by another technological means, including by drawing, image, sound, picture or by any other means, intended for or available to any or all of the public in any form, overtly or covertly.

"Advertising": including the creation, production, distribution, ordering or funding of an advertisement.

Analysis

The law defines the terms “advertising” and “advertisement” generally and not specific to tobacco products. These definitions do not necessarily capture all of the elements activities encompassed in the FCTC definition of “tobacco advertising and promotion,” specifically any form of “commercial communication, recommendation, or action.” In specifying means of advertising, the definition in the law may unintentionally leave out some forms that have the effect or likely effect of promoting a tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of "tobacco advertising and promotion" in accordance with the definition contained 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
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Definition

“Tobacco products” means tobacco in any form intended for smoking, snuffing, chewing or sucking and includes cigarettes, cigars, cigarillos, pipe tobacco and narghile tobacco.

Analysis

The definition of “tobacco products” contained in the law aligns 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))

Brand Name

Term Defined
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Definition

“Brand name”: means a trademark, symbol, special wording, graphic design, slogan or any other distinctive marks.

Analysis

The definition of “brand name” is relevant because the term is used in the law to apply various restrictions on tobacco advertising and promotion.

Indirect Advertisement

Term Defined
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Definition

“Indirect advertisement”: an advertisement for a product other than a smoking product, whose purpose, inter alia, is to promote the marketing of a specific smoking product.

Analysis

The definition of "indirect advertisement" is relevant because it is used in the definition of the term "advertisement for a smoking product."

Marketing

Term Defined
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Definition

“Marketing” means the sale, supply or import of tobacco products but does not include: (1) export; (2) import by persons entitled to exemption from the payment of customs duty under any enactment in force relating to customs; (3) Supply from a warehouse alongside ships and aircraft in accordance with provisions in accordance with the Customs Ordinance.

Analysis

The definition of “marketing” is relevant because the term is used in the law to apply various restrictions on tobacco advertising and promotion.

Permitted Sign

Term Defined
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Definition

“Permitted sign”: means a sign lawfully displayed upon the outside of, or within, any business premises or on a vehicle of a manufacturer, importer, agent, marketer, distributor or seller of tobacco products or upon the outside of, or within, a place of sale thereof.

Analysis

The definition of “permitted sign” is relevant to determining where signs advertising tobacco products may be displayed.

Advertisement for a Smoking Product

Term Defined
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Definition

“Advertisement for a smoking product”: an advertisement liable to promote a smoking product, a trademark of a smoking product or a brand of a smoking product, including an indirect advertisement, incidental advertisement, covert advertisement, subconscious advertisement, sponsorship or sales promotion.

Incidental Advertisement

Term Defined
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Definition

“Incidental advertisement”: an advertisement ostensibly appearing incidentally.

Analysis

The definition of "incidental advertisement" is relevant because it is used in the definition of the term "advertisement for a smoking product."

Subconscious Advertisement

Term Defined
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Definition

“Subconscious advertisement”: an advertisement presented in a manner in which a message is conveyed to the viewers without their being fully aware thereof, in fleeting images or otherwise.

Analysis

The definition of "subconscious advertisement" is relevant because it is used in the definition of the term "advertisement for a smoking product."

Covert Advertisement

Term Defined
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Definition

“Covert advertisement”: an advertisement presented in such manner that a reasonable viewer is liable not to recognize that it contains advertising for a product.

Analysis

The definition of "covert advertisement" is relevant because it is used in the definition of the term "advertisement for a smoking product."

Permitted Advertisement

Term Defined
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Definition

“Permitted advertisement”: an advertisement for a smoking product permitted in accordance with the provisions of section 3(B).

Analysis

The definition of "permitted advertisement" is relevant because the law identifies several types of advertisements that are permitted.