Last updated: November 11, 2021
Key Terms
Tobacco Sponsorship
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines.
A definition of “tobacco sponsorship” should be provided in accordance with 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
Advertisement: includes:
(a) any statement, communication, representation, or reference aimed at the public and designed to promote or publicize a tobacco product or encourage its use, or draw attention to the nature, properties, advantages, or uses of the product;
(b) the use, in any advertisement or promotion aimed at the public, of a tobacco product manufacturer’s company name where the name or any part of the name is used as, or is included in a tobacco product trade mark;
(c) product stacking and product displays of any kind or size.
Promotion: a representation, including an advertisement, whether direct or indirect, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs, and behaviour about the product or service, or that is intended to or has the effect of inducing consumers to use tobacco products, underestimate the dangers of tobacco consumption, or create recognition of or goodwill for the tobacco manufacturer.
The two definitions – “advertisement” and “promotion” – when taken together, align with the FCTC 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
Tobacco product: a product composed, in whole or in part, of tobacco, including tobacco leaves and any extract of tobacco leaves intended for use by smoking, inhalation, chewing, sniffing, or sucking and includes cigarette papers, tubes, and filters.
Tobacco: the tobacco plant, including its seeds and leaves.
The definition of “tobacco product” aligns with the definition provided 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))
Accessory
Accessory: a product that may be used in the consumption of a tobacco product and includes a pipe, cigarette holder, cigar clip, lighter, or matches.
This definition is relevant under provisions governing advertising, promotion and sponsorship.
Brand Element
Brand element: includes a brand name, manufacturer’s name, trade mark, trade name, logo, graphic arrangement, design, colour, motto, or slogan that is reasonably associated with, or that evokes a product, a service, or a brand of product or service.
This definition is relevant under provisions governing advertising, promotion and sponsorship.
Electronic Communication
Electronic communication: includes communication through the radio, television, telephone or the internet.
This definition is relevant under provisions governing advertising, promotion and sponsorship.
Lifestyle Advertising
Lifestyle advertising: advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, sensuality, recreation, excitement, vitality, risk, or daring.
This definition is relevant under provisions governing advertising, promotion and sponsorship.
