Last updated: June 28, 2020
The regulations do not contain a definition of tobacco sponsorship, even though the regulations prohibit sponsorship that promotes a tobacco product. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to clarify the scope of the ban and aid in enforcement, the law should provide a definition of “tobacco sponsorship” in accordance with the definition contained 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
“Tobacco product advertisement” means any representation, announcement, notification, information, or advertisement made in any manner to any person or to the public for the purposes of promoting directly or indirectly the sale or disposal of tobacco product, and includes advertisement –
(a) by any pamphlet, circular, brochure, programme, price list, label or wrapper;
(b) by displaying any poster, banner, placard, notice or other document on any wall, billboard, or any other object or thing;
(c) by any writing or painting on any wall, vehicle, calendar, clock, clothing or any other object or thing; or
(d) through any communication, whether between persons and persons, things and things, or persons and things, in the form of sound, data, text, visual images, signals or other form or any combination of those forms.
The definition of “tobacco product advertisement” is narrower than the definition of “tobacco advertising and promotion” contained in FCTC Art. 1. Although the definition encompasses all forms of advertising, it may not encompass all types of promotional practices. Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in FCTC Art. 1.
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))
The regulations do not contain a definition of “tobacco product.” The lack of definition for this key term could hinder enforcement of the regulations. For example, the regulations prohibit “smoking” in specified places. “Smoking” is defined as inhaling and exhaling, or having control over, a lit “tobacco product.” The failure to define “tobacco product” could undermine application of this provision of the regulations.
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))