LANGUAGE
Last updated: March 10th 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

“Sponsorship”: any contribution be it commercial or non-commercial, public or private to any show or activity intended for or with effect of promoting either directly or indirectly tobacco and tobacco products.

Analysis

The definition of “tobacco sponsorship” does not fully align with the definition provided in the FCTC. The definition could be strengthened to include contributions to any group or individual and to include those contributions with the likely effect of promoting a tobacco product or tobacco use, 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 Defined
Definition

“Advertisement”:
a. any advertisement or promotional activity meant for the general public in order to promote the name of manufacturer’s, company producing the product commonly identified or associated with a brand of tobacco;
b. any statement, communication, representation or reference meant for the general public, and designed to promote or publicise any tobacco brand or tobacco products and encourage its consumption.

“Promotion” includes:
a. advertisement messages meant for the general public;
b. to establish an association evolving [sic] tobacco product or any tobacco brand;
c. any transaction or business meant for encouraging or likely to encourage the public to buy or consume tobacco and tobacco products whether directly or indirectly;
d. promoting tobacco products or tobacco brand.

Analysis

The law contains separate definitions of the terms “advertisement” and “promotion.” However, the definitions may be narrower than the definition of “tobacco advertising and promotion” contained in the FCTC because those advertising and promotional practices that promote tobacco use (as opposed to those promoting a particular tobacco product/brand) are likely uncovered. The definitions in the law may also exclude those activities that have or are likely to have promotional effects. Although there is currently no comprehensive ban on tobacco advertising and promotion, using these definitions would likely limit future attempts to enact such a ban.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained 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 products”: all products made of or mixed with tobacco and intended to be smoked, sniffed, dipped, sucked or chewed.

Analysis

The definition of “tobacco products” in the law aligns with the FCTC definition.

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))