Last updated: December 15, 2021
Key Terms
Tobacco Sponsorship
The law does not contain a definition of “tobacco sponsorship.” To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law or guidelines should provide a definition of “tobacco sponsorship” in accordance with the definition contained 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
The law does not contain a definition of “tobacco advertising and promotion.” To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law or guidelines should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in FCTC Art. 1(c).
The Consumer Protection Act and the Advertisements Regulation Act each contain a definition of “advertisement.” However, because these laws apply to advertising generally, their definitions of “advertisement” are reviewed below.
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
Television and Sound Broadcasting Regulations - “Tobacco product” means any product the principal constituent of which is tobacco and includes cigarette papers, tubes, and filters.
Public Health (Tobacco Control) Regulations - “Tobacco product” means tobacco in any form, including by electronic nicotine delivery systems, whether the chemical components of those systems are derived from the natural product or manufactured by other means, in which it is used or consumed and includes the tobacco leaf, tobacco in cigarettes and any product entirely or partly made from the leaf of tobacco plant as raw material and which is manufactured for use in smoking, sucking, chewing or snuffing tobacco or any by-product thereof.
The definition of “tobacco product” contained in the Television and Sound Broadcasting Regulations is narrower than the definition of “tobacco products” contained in the FCTC because it requires that tobacco be the “principal constituent” of the product rather than just a material used to make the product.
Regarding the definition provided in the Public Health (Tobacco Control) Regulations, 2013, the definition of “tobacco product” provided aligns with the definition of “tobacco products” in FCTC Art. 1(f), and goes beyond the FCTC definition in that it also encompasses “electronic nicotine delivery systems.”
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))
Advertisement
“Advertisement” includes any sky sign and any notice, bill, placard, poster and other similar publication.
The definition of “advertisement” contained in the Advertisements Regulation Act establishes the scope of advertisements governed by the act.
Advertisement
“Advertisement” means any form of communication made to the public or a section of the public for the purpose of promoting goods or services and “advertise” shall be construed accordingly.
The definition of “advertisement” contained in the Consumer Protection Act establishes the scope of advertisements governed by the act.
