Last updated: February 19, 2021
The law does not include a definition of “tobacco sponsorship.” Failure to define this key term may hinder application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines.
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 product advertisement" means any words, whether written, printed, spoken, broadcast or telecast, including on film, video recording or other medium, and any pictorial representation, design, device, visual image, sign, symbol, trademark, brand name, or company name, or part of a trademark, brand or company name, or a combination of 2 or more of the foregoing, used to encourage the use or to notify the availability or to promote the sale of any tobacco product or to promote smoking.
The Tobacco Control Decree 2010 defines “tobacco product advertisement” to include all relevant forms of communication designed to encourage the use, promote the sale, or notify the availability of tobacco products.
Although the definition is quite comprehensive, it would more closely align with FCTC Art. 13 and the FCTC Art. 13 Guidelines if it expressly included the “effect or likely effect” of promoting tobacco products, “directly or indirectly.”
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” means any tobacco, cigarette, cigars, pipe tobacco, cigarillos or any other product the main ingredient of which is tobacco and which is designed for human consumption by smoking.
The definition of "tobacco product" is narrower than that contained in FCTC Art. 1(f) in that it only refers to smoking rather than including other forms of consumption such as chewing, snuffing and sucking. The law should contain a definition of "tobacco product" in accordance with the definition provided in the 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))