Tobacco-related sponsorship: any form of public or private contribution to an event, organization or individual for the purpose or the direct or indirect effect of promoting the sale of tobacco products or tobacco substitutes.
The definition of “tobacco-related sponsorship” provided in the Act largely incorporates the elements of the definition of “tobacco sponsorship” provided in FCTC Art. 1. The definition covers contributions with the “purpose or the direct or indirect effect” of promoting tobacco products, but does not explicitly include contributions with the “likely effect” of promoting tobacco products.
To ensure comprehensive application, a definition of “tobacco sponsorship” should be provided in accordance with the definition provided in FCTC Art. 1.
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))
Advertising: Mass communication for marketing purposes, including depictions of tobacco products, smoking accessories, tobacco imitations and tobacco substitutes, depictions of trademarks (logos, symbols, names, or similar), posters, signs, and similar arrangements, displays, discount advertisement, and the distribution to consumers of printed matter, sample goods, etc.
The definition of “advertising” in the Advertising Regulations is narrower than the definition of “tobacco advertising and promotion” in the FCTC because it encompasses direct advertising only and not indirect forms of advertising or promotion. Although the law also contains a definition of “indirect advertising of tobacco products,” together the two definitions may fail to encompass some actions that are forms of tobacco promotion. The law should provide a definition of “tobacco advertising and promotion” in accordance 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 products: products that are intended to be smoked, snuffed, sucked or chewed provided they totally or partly consist of tobacco.
The definition of “tobacco products” in the Act and Regulations aligns with the definition of “tobacco product” 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))
Indirect advertising of tobacco products:
1. Use of a brand that is primarily known as a brand for tobacco products in advertising for other goods and services.
2. Launch of tobacco products with the help of a trademark that is known as or in use as trademarks for other goods or services.
3. Use of specific colors and layout/design associated with specific tobacco products.
4. Use of tobacco products and smoking situations in advertisement for other goods and services.
The definition of “indirect advertising of tobacco products” is significant because it encompasses some forms of tobacco advertising not captured by the definition of “advertising” in the Regulations. Both direct and indirect advertising of tobacco products are banned.
Tobacco accessories: products that are intended primarily to be used in conjunction with tobacco products and tobacco substitutes.
The definition of “tobacco accessories” is significant because the advertising ban applies to tobacco accessories as well as tobacco products.
Specialty store (tobacconist shop): a point of sale that primarily sells tobacco products, tobacco substitutes, or tobacco accessories.
The definition of “specialty shop” is significant because the ban on display of tobacco products does not apply to specialty/tobacconist shops.
Tobacco imitation: products that by their design bear a close resemblance to tobacco products or tobacco accessories, but that do not contain tobacco or tobacco substitutes.
The definition of “tobacco imitation” is relevant to the status of the sale of toys and candy that resemble tobacco products.