Last updated: June 1, 2023

Key Terms

Tobacco Sponsorship

Term Defined
Definition

“Sponsorship” means any form of contribution to any event, activity or individual, or publication of such a contribution, with the aim, effect or likely effect of promoting a tobacco product or tobacco use, directly or indirectly, including corporate social responsibility or similar activities.

Analysis

The definition of "sponsorship" contained in the law aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

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

“Advertise” –

(a) means to publicise or broadcast any drawn, still or moving picture or pictorial representation, design, device, sign, symbol, colour, trademark, service or other mark, manufacturer’s name, logo, brand name or brand element, other visual image or message in printed, audible or other form; and

(b) includes any label, depiction, commercial communication to any member of the public, through media or by any other means and in any medium or format.

“Promote” –

(a) means any act intended to or likely to encourage, directly or indirectly, the purchase or use, or to create an awareness, of tobacco products; and

(b) includes –

(i) the use in any advertisement or commercial communication to the public, or any member of the public, in any medium, of a tobacco product, manufacturer’s company name, brand, logo or mark or other brand element, in whole or in part;

(ii) actions such as the offer or supply of a tobacco product free of charge, at a discounted price, as a prize, pursuant to a lottery or otherwise, price promotions, provision of gifts or discounted products in connection with a purchase;

(iii) payments or other contributions to retailers to encourage or induce them to sell tobacco products, including any incentive programmes, and sale, supply, placement, or display of a tobacco product.

Analysis

The definitions of “advertise” and “promote” contained in the law together align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

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”–

(a) means any product composed, in whole or in part, of –

(i) tobacco, including tobacco leaves or any extract; or

(ii) any mixture containing tobacco; and

(b) includes –

(i) cigarettes, bidis, cigars, cigarillos, little cigars, smokeless tobacco, Roll-Your-Own tobacco, pipe tobacco, waterpipe tobacco, green tobacco, leaf tobacco, heated tobacco products, cigarette papers, tubes or filters; and

(ii) electronic nicotine delivery systems, electronic non-nicotine delivery systems and other products containing nicotine and devices used for their consumption that may be used, manufactured or marketed to replace or imitate tobacco products; but

(c) does not include any product authorised for marketing and sale in Mauritius as a nicotine replacement therapy.

Analysis

The definition of “tobacco product” in the law aligns with the definition of “tobacco product” in FCTC Art. 1(f). The definition includes an extensive list of tobacco products and includes heated tobacco products and electronic nicotine delivery systems (e-cigarettes) and other products containing nicotine and their devices.

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))

Brand Element

Term Defined
Definition

“Brand element” includes a brand name, variant name, manufacturer’s name, trademark, trade name, logo, graphic arrangement, design, colour or combination of colours, motto, slogan or other distinctive feature which is reasonably associated with, or that evokes a product, a service or a brand of a product or service.

Analysis

The definition of “brand element” is relevant because it is a component of the definition of “advertise.”

Brand Name

Term Defined
Definition

“Brand name” means the primary name –
(a) by which a tobacco product is marketed;
(b) which may be used to market tobacco products belonging to the same brand family; and
(c) which may be a business or company name.

Analysis

The definition of “brand name” is relevant because it is a component of the definition of “advertise.”

Broadcast

Term Defined
Definition

“Broadcast” means the transmission of sounds or images, whether encrypted or not, by means of radio waves or other means of telecommunication, for reception by the public;

Analysis

The definition of “broadcast” is relevant because it is a component of the definition of “advertise.”