LANGUAGE
Last updated: September 17th 2019

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

A definition of “tobacco sponsorship” should be provided for in the law in accordance with FCTC Art. 1(g) to ensure that the ban on tobacco sponsorship is comprehensive. The law does provide for a definition of the term “organised activity,” which is used to apply restrictions on tobacco sponsorship within the law; however, the term, as it is defined, is narrower than the term “tobacco sponsorship” provided for 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

“Advertisement” means any picture, sign, symbol or other visual image (whether still or

moving), and any other message (whether audible or written or communicated in any other

manner) aimed at the public and designed to promote or publicise a tobacco product or to promote smoking behaviour, and includes 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.

Analysis

The definition of "advertisement" is narrower than the definition of "tobacco advertising and promotion" provided for in FCTC Art. 1(c). The definition is limiting in that it omits key elements of the FCTC definition including that it appears not to cover commercial communications that have the "likely effect" of promoting tobacco use or that promote tobacco use indirectly and it does not clearly encompass commercial "actions," which may inadvertently exclude some forms of tobacco promotion.

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))

Law Source, Section

Tobacco Product

Term Defined
Definition

“Tobacco product” means a product containing tobacco, that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.

Analysis

The definition of “tobacco product” aligns with the definition provided for 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))

Law Source, Section

Organised Activity

Term Defined
Definition

“Organised activity” means any activity or event -

(a) which any member of the public attends or in which he or she participates;

(b) which is organised for the purposes of entertainment, sport or recreation or for educational or cultural purposes; and

(c) where a tobacco product, brand element or tobacco manufacturer’s company

name is used in the name of or portrayal of the activity or event.

Analysis

Although the law provides for a definition of the term “organised activity,” which is used to apply restrictions on tobacco sponsorship within the law, this term, as it is defined, is narrower than the term “tobacco sponsorship” provided for in FCTC Art. 1(g).

Law Source, Section