LANGUAGE
Last updated: March 12th 2021

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship: any kind of contribution to any event or activity having as its purpose or effect to promote, either directly or indirectly, a tobacco product or the use of tobacco.

Analysis

The law’s definition of “sponsorship” does not align with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g). It is limited to events or activities and does not include contributions made to individuals or contributions with the “likely effect” of promoting a tobacco product or tobacco use.

A definition of “tobacco sponsorship” should be provided in accordance with the definition provided 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
Definition

Promotion: extensive advertising, any commercial act or practice with the purpose of encouraging, either directly or indirectly, the purchase or consumption of a tobacco product, or of a brand of tobacco, or to make people familiar with a tobacco product or a brand of tobacco, or to create an association with the former or the latter.

Advertising for tobacco and the promotion of tobacco: any kind of communication, recommendation or commercial action for the purpose or effect of promoting, either directly or indirectly, a tobacco product or the use of tobacco.

Analysis

Read together, the law’s definitions of “advertising for tobacco and the promotion of tobacco” and “promotion" mostly align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c). The definition of “promotion” is broader in the sense that it includes activities that encourage the purchase or consumption not only of tobacco products but of brands and resulting brand associations as well. However, to fully align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c), the law should contain definitions that refer to not only the purpose and effect of encouraging the purchase or consumption of tobacco products or brands, but also the “likely effect” of promotion.

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
Definition

Tobacco product: a product made entirely or partially from leaf tobacco as its raw material, and intended to be smoked, sucked, chewed or sniffed.

Analysis

The law’s definition of “tobacco product” aligns with the definition of “tobacco product” 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))

Corporate Social Responsibility

Term Defined
Definition

Corporate social responsibility: any kind of activity or action conducted by the tobacco industry seeking to appear as though it were adopting responsible behavior by making contributions to good causes, or otherwise undertaking to promote “socially responsible” elements of their commercial practices. This involves particularly, though not exclusively, financial or in-kind contributions to organizations, such as community, health-related, social or environmental organizations, directly or through the intermediation of other agencies.

Analysis

The definition of “corporate social responsibility” is significant because it clarifies the scope of the law’s sponsorship and corporate social responsibility prohibitions.