Last updated: September 18, 2019
The Tobacco Products Act does not contain a definition of "tobacco sponsorship." Undefined key terms may hinder implementation and enforcement of provisions the law. Here, the lack of definition of sponsorship may hinder enforcement of the provisions restricting tobacco sponsorship.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and contain a definition of “tobacco sponsorship” in accordance with the definition 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
“Advertisement'' means a writing or any still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of two or more of them, that gives publicity to, or otherwise promotes or is intended to promote tobacco, tobacco product or tobacco related brand element.
The definition of “advertisement” in the Tobacco Products Act does not fully align with the definition of “tobacco advertising and promotion” contained in FCTC Art. 1, because it may not encompass all actions and recommendations if they do not come in the form of an audible or visual message. In addition, the definition does not explicitly apply to messages “with the likely effect of promoting a tobacco product”, but rather only those that “promote” or are “intended to promote” tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion and contain a definition of “tobacco advertising and promotion” in according with the definition 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'' means tobacco leaves, extract of tobacco leaves cigarattes, cigars, cigarirus, handrolling tobacco and includes other smoking tobacco products such as, pipe tobacco, fine tobacco and any chewing tobacco which is manufactured whole or partly from tobacco or any substance used as a substitute of tobacco.
The definition of “tobacco product” contained in the Tobacco Products Act could be strengthened by also covering tobacco products intended for snuffing. The Act should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1(f).
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'' includes a brand name, trademark, trade name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, moto, selling message, recognisable colour or patent of colours or any other indicia of product entification, identical or similar to, or identifiable with those used for any brand or tobacco product.
The definition of “brand element” is significant because the definition of “promotion” in the Tobacco Products Act includes promotion of a brand element. In addition, Tobacco Products Act, Sec. 17(4) prohibits the offering of tobacco related brand elements to a person under the age of 18.