Last updated: March 6, 2020
The law does not contain a definition of “tobacco sponsorship.” The failure to provide a definition for this key term may hinder implementation or enforcement of substantive provisions regarding tobacco sponsorship. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of “tobacco sponsorship” in accordance with the definition contained 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
“Tobacco advertising” refers to any form of communication undertaken by public or private institutions in the form of a commercial, industrial, artisanal or liberal activity, for the direct or indirect purpose of promoting a tobacco product or its consumption.
The definition of “tobacco advertising” in the law generally aligns with the definition of “tobacco advertising and promotion” contained in FCTC Art. 1(c), and may go beyond the FCTC definition in that the law’s definition encompasses artistic (or artisanal) activity as well as commercial activity.
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 products,” refers to the products manufactured, in whole or in part, using tobacco leaf, whether genetically modified or not, as a raw material, and intended to be smoked, inhaled, sniffed or chewed.
The definition of “tobacco products” contained in the law aligns with the definition 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))
Information Society Service
“Information society service” refers to any service provided over distance, by electronic means, based on an individual request from a service recipient and in exchange for payment of a price.
The definition of “information society service” is significant because the law prohibits advertising through information society services.
“Advertising support,” the medium used for the transmission of an advertising message.
The definition of “advertising support” is significant because the law prohibits advertising through advertising supports.
Telemarketing of Tobacco Products
“Telemarketing of tobacco products” refers to the dissemination of offerings to the public, made via television channels, aiming to supply cigarettes or other products in exchange for payment.
The definition of “telemarketing of tobacco products” is significant because this form of sales is prohibited.