Last updated: August 7th 2020

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

The definition of “promotion” includes “sponsorship,” yet no definition of “sponsorship” is provided.

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines.

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

Advertisement: means and includes any notice, circular, wall paper, pamphlet, display on any boards, or hoarding, through internet, or any visible representation made by any form of media whether mechanical, electronic, audio, visual, or any other technological means of any light, sound, smoke, gas, writing instruments, sticker, symbol, color, logo trade marks, display on articles like shirt, shoes, sports wear, sports gears, caps, carry bags, telephone booths, or by any other mean, direct or indirect, which have the effect of promoting smoking and other tobacco use and the expression "advertise" shall be construed accordingly.

Promotion: includes sponsorship, sampling, display, and uses of tobacco brand names, logos, and colors on non-tobacco merchandise which has effect of promoting smoking and other tobacco use.

Analysis

The definition of “advertisement” is narrower than the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c) in that it covers audio, visual, and other electronic means of commercial communication, but does not cover other types of commercial action that has the effect of promoting tobacco.

The definition of “promotion” is narrower than the definition of “tobacco advertising and promotion" provided in FCTC Art. 1(c) in that it covers specific listed types of promotional commercial action, but not all commercial action, that has the effect of promoting tobacco.

Taken together, the two definitions remain narrower than the definition of “tobacco advertising and promotion” contained in the FCTC.

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 Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of “tobacco product” should be provided in accordance with 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))