LANGUAGE
Last updated: September 17th 2019

Key Terms

Tobacco Sponsorship

Term Defined
Definition

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 directly or indirectly.

Analysis

The definition of “sponsorship” aligns with the definition of “tobacco sponsorship” 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

Advertise:
(a) means to publicise any drawn, still or moving picture, sign, symbol, trade mark, manufacturer’s name, logo, brand name, other visual image, or message or audible message;
(b) includes any commercial communication through media or any other means.

Promote:
(a) means any act intended to or likely to encourage, directly or indirectly, the purchase or use, or to create an awareness;
(b) includes the offer or supply of a tobacco product free of charge, at a discounted price, as a prize, pursuant to a lottery, or otherwise.

Analysis

The definitions of “advertise” and “promote” together align with the definition of “tobacco advertising and promotion” provided 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
Definition

Tobacco product:
(a) means any cigarette, cigar, or a product composed in whole or in part of tobacco, including tobacco leaves or any extract of tobacco leaves or any mixture containing tobacco;
(b) includes pipe tobacco, green tobacco, leaf tobacco, manufactured tobacco, cigarette papers, tubes, or filters; but
(c) excludes any product prescribed by a medical practitioner as a nicotine replacement therapy.

Analysis

The definition of “tobacco product” in the PH Regs aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component, making the APS ban applicable to such products as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco leaves).

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))