Last updated: September 17, 2019

Key Terms

Tobacco Product

Term Defined
Definition

"Tobacco product" means products for the purposes of smoking wholly or partly of tobacco.

Analysis

The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Although the definition contained in the law does not cover tobacco products to be used for sucking, chewing, or snuffing, that is not necessary because smokeless tobacco products are prohibited in Malta.

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))

Tobacco Sponsorship

Term Defined
Definition

"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.

Analysis

The definition of "sponsorship" contained in the law aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g) in that it prohibits sponsorship that will directly or indirectly promote a tobacco product. However, to more closely align with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g), the definition of “sponsorship” in the law should also prohibit sponsorship that directly or indirectly promotes tobacco use (not only a tobacco product).

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" means any form of commercial communication with the aim of directly or indirectly promoting tobacco products.

Analysis

The definition of “advertising” contained in the law does not align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c) because it covers only commercial “communication” promoting tobacco products. To align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c), the definition in the law should also cover any commercial “recommendation or action” promoting a tobacco product or tobacco use.

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))

Publication

Term Defined
Definition

"Publication" includes any article, of any material whatsoever, on which are visible any word, picture or other message, whether printed or otherwise.

Analysis

The definition of “publication” is significant because tobacco advertising is prohibited in publications.