Last updated: December 22, 2021
The Code of Public Health does not contain a definition of “tobacco sponsorship”; yet the law prohibits sponsorship by the tobacco industry. The lack of this key definition could impede enforcement of the prohibition on sponsorship.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1.
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
The lack of this key definition could make it difficult to interpret the law and implement the ban on tobacco advertising and promotion. 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 the FCTC.
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))
All products that can be consumed and are composed, even partially, of tobacco, whether or not it is genetically modified, are considered to be tobacco products.
Tobacco products include cigarettes, rolling tobacco, pipe tobacco, water pipe tobacco, cigars, cigarillos, chewing tobacco, snuff and tobacco for oral use.
New tobacco products, which are products other than those mentioned in the second sub-paragraph, and that came onto the market after May 19, 2014, are also tobacco products in the sense of the first sub-paragraph.
The definition of “tobacco product” contained in the Code of Public Health aligns with the definition of “tobacco products” contained in the FCTC in that it encompasses all products made entirely or partly of tobacco and are consumed in any manner.
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))
Tobacco and additives, as well as any other substance or any other element present in a finished tobacco product, is considered an ingredient, including the paper, filter, ink, capsules and glues.
The definition of “ingredient” is significant because the ban on tobacco advertising and promotion applies to tobacco, tobacco products, and ingredients.
Includes tobacco, components (e.g. paper, filter), including materials used to manufacture those components, additives, processing aids, residual substances found in tobacco (following storage and processing), and substances that migrate from the packaging material into the product (contaminants are not part of the ingredients). (FCTC Art. 9 & 10 Partial Guidelines)