Last updated: February 11, 2024

Key Terms

Tobacco Sponsorship

Term Defined
Definition

“Sponsorship from the tobacco industry” means all types of direct and indirect support through any activity or means e.g. sponsorship for education, sport, art, culture, medical equipment, research, analysis, agriculture, livestock, or corporate social responsibility to encourage/promote the sale and use of tobacco product.

Analysis

The definition of “sponsorship from the tobacco industry” in the law is comprehensive and largely incorporates the FCTC Art. 1(g) definition of “tobacco sponsorship.” It includes the purpose and effect elements of the FCTC definition but does not refer to “likely effect.” This could impose higher evidentiary requirements, which could, in turn, limit practical application of the ban.

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

“Advertising of tobacco products” means an act undertaken by any direct or indirect means aiming to encourage, provide incentives for, or promote the purchase/use of a tobacco product through persons, printing, television, radio, cinema, electronic media, video, telephone, billboards, posters, picture exhibitions, tobacco product displays at the point of sale, social activities, or other means.

Analysis

The definition of “advertising of tobacco products” contained in the law is comprehensive and largely incorporates the FCTC Art. 1(c) definition of “tobacco advertising and promotion.” This includes the purpose and effect elements of the FCTC definition but does not refer to “likely effect.” This could impose higher evidentiary requirements, which could, in turn, limit practical application of the ban.

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 product” means products made entirely or partly from tobacco leaves and other products that contain nicotine, which is toxic and addictive.

Analysis

The definition of "tobacco product” in the law does not align with the definition provided in FCTC Art. 1(f). The definition does not state that the product is manufactured for smoking, sucking, chewing, or snuffing. The definition could also make clear that tobacco products contain, wholly or in part, leaf tobacco as a raw material. The law should define "tobacco product" in accordance with the definition provided in FCTC Art. 1(f).

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))