Last updated: August 17, 2021
Key Terms
Tobacco Sponsorship
Tobacco financial support: any form of contribution to any action, activity, or individual with the purpose, effect, or possible effect of directly or indirectly promoting a tobacco product or tobacco use.
The definition of "tobacco financial support” in the law aligns with the definition of "tobacco sponsorship” provided 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
Advertising and promotion of tobacco: any form of advertisement, recommendation or sales action with the purpose, effect, or possible effect of directly or indirectly promoting a tobacco product or tobacco use.
The definition of "advertising and promotion of tobacco" in the law aligns with the definition of "tobacco advertising and promotion" provided in FCTC Art. 1(c).
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
Tobacco products: products prepared fully or partially by using tobacco leaves as a raw material, and intended to be smoked, spat, chewed, or used as snuff, vaped, smoked, or inhaled in e-cigarettes, vape pens, etc.
The definition of "tobacco products" in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1(f). The law goes further than the FCTC definition by including in the definition of "tobacco products" those to be smoked, spat, chewed, or used as snuff, vaped, smoked, or inhaled in e-cigarettes, vape pens, etc.
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))
Promotion
Promotion of tobacco: any stimulation of the demand for tobacco products, which may include advertising and any action intended to attract attention and draw the interest of users or non-users of tobacco or tobacco-derivative products.
The law defines separately “promotion of tobacco” from “advertising and promotion of tobacco.”
Brand Extension
Brand extension: a brand extension occurs when a brand name, emblem, registered trademark, logo, or trademark or any other distinctive feature (including distinctive color combinations) of tobacco is linked to a non-tobacco product or service, such that the tobacco product is usually associated with the non-tobacco product or service.
The definition of “brand extension” describes the practice of brand stretching. The definition is significant because this type of promotion is prohibited under the Act.
Generic Trademark
Generic trademark: when a brand name, emblem, trademark, logo, commercial insignia, or any other distinctive feature (including distinctive color combinations) of a non-tobacco product or service is linked to a tobacco product or tobacco company such that the non-tobacco product or service is usually associated with the tobacco product or tobacco company.
The definition of “generic trademark” describes the practice of reverse brand stretching/brand sharing. The definition is significant because this type of promotion is prohibited under the Act.
