Last updated: May 20, 2020
Key Terms
Tobacco Sponsorship
Sponsorship for tobacco products – any form of public or private contribution to any event, activity or person with the aim or direct or indirect effect of promoting tobacco products or smoking.
The definition of “sponsorship for tobacco products” contained in Law No. 457/2004 aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).
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
Advertising for tobacco products – any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product or smoking.
The definition of “advertising for tobacco products” contained in Law No. 457/2004 does not align with the definition of “tobacco advertising and promotion” contained in FCTC Art. 1. The FCTC definition covers “commercial communication, recommendation or action”, whereas the definition in Law 457/2004 covers only “commercial communications” and not recommendations and actions. This may result in some forms of tobacco promotion not being covered by the definition and therefore escaping prohibitions contained in the law.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition provided in FCTC Art. 1(c).
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
Tobacco products - means products intended for smoking, sniffing, sucking or chewing made entirely or partly of tobacco, whether genetically modified or not.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
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))
Cross-border Distance Sales
Cross-border distance sales – means distance sales where, at the time the consumer orders the product from a retail outlet, the consumer is in a Member State other than the Member State or third country where that retail outlet is established.
The definition of “cross-border distance sales” is relevant for the purposes of regulating internet sales.
