Last updated: October 20, 2020

Key Terms

Tobacco Sponsorship

Term Not Defined
Analysis

Neither the Anti-Smoking Law nor the Anti-Smoking Regulations contain a definition of "tobacco sponsorship." The failure to define this key term may hinder enforcement of provisions on tobacco sponsorship in the law and regulations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law and/or regulations 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 Not Defined
Analysis

Neither the Anti-Smoking Law nor the Anti-Smoking Regulations contain a definition of "tobacco advertising and promotion." The failure to define this key term may hinder enforcement of provisions on tobacco advertising and promotion in the law and regulations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law and/or regulations should contain a definition of "tobacco advertising and promotion" in accordance with the definition 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: All types of tobacco used for smoking, including all kinds and parts thereto, whether roots, stems, leaves, fruits and green or dried seeds, by whatever means, such as cigarettes, cigars, tumbak and so on.

Analysis

The definition of "tobacco" contained in the Anti-smoking Regulations aligns with the definition in FCTC Art. 1(f). Although the definition states that it applies to tobacco products used for "smoking", the definition of "smoking" includes "use, inhalation or chewing" of tobacco; therefore, all types of tobacco products are covered.

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))