Last updated: December 15, 2020
Key Terms
Tobacco Sponsorship
“‘Sponsorship’ has the same meaning as it has in the Directive of 2003.”
The Directive of 2003 states: “sponsorship” means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product.
Section 7 of Public Health (Tobacco) (Amendment) Act 2004 amends Sec. 36 of the Public Health (Tobacco) Act 2002 and adds a definition of “sponsorship” as defined in Directive 2003/33/EC. The definition of “sponsorship” in the Directive 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’ has the same meaning as it has in the Directive of 2003, and cognate words shall be construed accordingly.”
The Directive of 2003 states: “advertising” means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product.
The Public Health (Tobacco) (Amendment) Act 2004 amends the Public Health (Tobacco) Act 2002 to insert a definition of “advertising” as defined in Directive 2003/33/EC. In addition, Sec. 5 of the Public Health (Tobacco) (Amendment) Act 2004 (amending Sec. 33A of the Public Health (Tobacco) Act 2002) provides that, for that section, advertisement includes “every form of recommendation.” Taken together, the definition of “advertising” in the Directive and in Sec. 33A (point of sale) aligns with the definition of “tobacco advertising and promotion” 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 product" means a product (other than a medicinal product (within the meaning of the Irish Medicines Board Act 1995))—
(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and
(b) that is intended for sale by retail in the State.
The Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 contains a definition of “tobacco product” and replaces the definition of “tobacco product” contained in the Public Health (Tobacco) Act 2002. The definition provided in these laws 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))
