LANGUAGE
Last updated: January 11th 2021

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The law does not contain a definition of "tobacco sponsorship." However, the law prohibits tobacco sponsorship and describes it as any donations, contributions or grants by the tobacco industry.

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 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

“Tobacco advertising” means any form of communication, with the aim of promotion of tobacco manufacturing, sales and usage.

Analysis

The definition of “tobacco advertising” contained in the law does not align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c) because the law’s definition refers only to “communication” whereas the FCTC definition includes “communication, recommendation or action.” In addition, the FCTC definition includes promotional activities with the “aim, effect or likely effect.”

A definition of “tobacco advertising and promotion” should be provided in accordance with 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
Analysis

The definition of “tobacco product” contained in the law aligns with the definition of “tobacco product” provided 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))

Brand Stretching

Term Defined
Definition

“Brand stretching” is defined when a tobacco brand name, trademark, logo and other distinctive feature is connected with a non –tobacco product or service in such a way that the tobacco product and the non-tobacco product or service are likely to be associated.

Analysis

The definition of “brand stretching” is significant because the law prohibits this type of tobacco product promotion.

Law Source, Section

Brand Sharing

Term Defined
Definition

“Brand sharing” is defined when a brand name, trademark, logo and other distinctive feature on a non-tobacco product or service is connected with a tobacco industry in such a way that the tobacco industry and the non-tobacco product or service are likely to be associated.

Analysis

The definition of “brand sharing” is significant because the law prohibits this type of tobacco product promotion.

Law Source, Section