LANGUAGE
Last updated: March 6th 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Tobacco sponsorship – 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 either directly or indirectly, with the exception of payments and contributions provided by the legislation of the Republic of Kazakhstan.

Analysis

The Law on People's Health and Health Care System contains a definition of "tobacco sponsorship".

The definition of tobacco sponsorship" in the Law on People's Health and Health Care contains an exemption not contained in the definition of "tobacco sponsorship" contained in the FCTC. The law's definition exempts "payments and contributions provided by the legislation of the Republic of Kazakhstan", and therefore does not align with the FCTC definition. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

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))

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 1.104-1

Tobacco Advertising and Promotion

Term Defined
Definition

Advertising – distributed and placed in any form, with the assistance of any means of information intended for an unspecified circle of people and intended to form or support interest in a physical person or legal entity, goods, trade marks, works, services and to contribute to their realization.

Analysis

The Law on Advertising does not contain a definition of tobacco advertising and promotion, but rather contains a definition of "advertising". The definition of "advertising" does not align with the definition of "tobacco advertising and promotion" contained in the FCTC because it covers only direct advertising "intended" to promote a product and does not cover indirect actions and promotion that is "likely" to promote a tobacco product.

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.

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 on advertising does not contain a definition of "tobacco product". Although the Health Law contains a definition of "tobacco product", this definition does not apply to provisions of the Law on Advertising. The lack of a definition for "tobacco product" in the Law on Advertising could hinder enforcement of restrictions and prohibitions on advertising of tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the Law on Advertising should contain a definition of tobacco product in accordance with the definition provided in the FCTC.

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))