Last updated: February 11, 2024
Key Terms
Tobacco Sponsorship
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).
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
“Tobacco advertisement” means any writing, still or moving picture, sign, symbol or distinctive colours or other visual image or any audible message or any combination of the aforesaid that promotes or is intended to promote – (a) smoking; (b) the purchase or use of a tobacco product; (c) a trade mark registered in respect of a tobacco product or articles that include tobacco products; (d) a brand name associated with a tobacco product; (e) the name of the manufacturer of a tobacco product.
The definition as written does not include the concept of a “commercial communication, recommendation or action” as does the FCTC definition. Omitting this conceptual framework from this key term makes interpretation of many provisions difficult and precludes the application of a comprehensive ban on advertising, promotion and sponsorship as provided by FCTC Art. 13 and the FCTC Art. 13 Guidelines. A definition of “tobacco advertising and promotion” should be provided in accordance with 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 product” means any product manufactured wholly or partly from tobacco which is intended to be smoked, sniffed, sucked or chewed.
The definition of "tobacco product" 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))
Publish
“Publish” in relation to a “tobacco advertisement” . . . includes the following:—
(a) the displaying, screening or playing, of the advertisement or anything containing the advertisement so that it can be seen or heard in or from any place or vehicle to which the public have access ;
(b) the insertion of the advertisement in a newspaper, magazine, programme, leaflet, handbill, or other document that is available, or distributed, to the public or a section of the public ;
(c) the inclusion of the advertisement in a film, video, radio programme or television programme or through the internet that is seen or heard, or intended to be seen or heard by the public or a section of the public ;
(d) the sale, hire or supply or the offer for sale, hire or supply, of the advertisement or anything containing the advertisement to the public or a section of the public.
The definition of "publish" aids in the interpretation of the tobacco advertising and promotion ban in the Tobacco Control Act.
Automatic vending machine that dispenses or is capable of dispensing any tobacco product
“Automatic vending machine that dispenses or is capable of dispensing any tobacco product . . .” means any self service machine that —
(a) on the insertion of a coin or token or any other means dispenses by way of sale, any tobacco product . . . whether automatically or with the assistance of the purchaser; and
(b) does not require replenishment between each such sale.
The definition of "automatic vending machine that dispenses or is capable of dispensing any tobacco product" aids in the interpretation of the provisions banning sales of tobacco products by vending machine.
