Last updated: December 17, 2019

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship-sponsoring: 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 either directly or indirectly.

Analysis

The definition of "sponsorship-sponsoring" 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

Promotion-advertising: any form of communication, recommendation of action or commercial contribution having as its aim, effect, or likely effect to encourage, directly or indirectly, the use of tobacco or of a tobacco product.

Analysis

The definitions of "promotion-advertising" contained in Law No. 2006-12 and Decree No. 2008-223 generally align 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 “commercial contributions” as well as commercial communications, recommendations, and actions.

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 products: all products intended to be smoked, sniffed, sucked or chewed, as long as they are at least partially composed of tobacco.

Analysis

The definitions of "tobacco products" contained in Law No. 2006-12 and Decree No. 2008-223 align with the definition of “tobacco product” contained 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))

Distribution

Term Defined
Definition

Distribution: sale, giving away for free or any other kind of donation, including sampling of tobacco products.

Analysis

The definition of “distribution” is significant because the law prohibits the free distribution of tobacco products.