Canada

Having no definition for this key term could make interpretation of a ban on sponsorship difficult. This can hamper application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines.

A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).

"Promotion" means a representation about a product or a service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the service.

The definition of “promotion” is narrower than the definition of “tobacco advertising and promotion” contained in the FCTC in that the definition of “promotion” encompasses “representations” and “communication” but not “actions.” This could limit the scope of the application of the ban on promotion of tobacco products.

A definition of “tobacco advertising and promotion” should be provided in accordance with FCTC Art. 1(c).

"Tobacco product" means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device.

The definition of “tobacco product” aligns with the definition contained in the FCTC and is more comprehensive than the FCTC definition in that it also encompasses papers, tubes and filters.

"Brand element" includes a brand name, trade-mark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a color.

The definition of "brand element" is significant because the Tobacco and Vaping Products Act prohibits the promotion of tobacco products and of tobacco product-related brand elements, except as authorized by the Act or regulations.

"Lifestyle advertising" means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

The definition of "lifestyle advertising" is significant because lifestyle advertising is prohibited.

"Information advertising" means advertising that provides factual information to the consumer about
(a) a product and its characteristics; or
(b) the availability or price of a product or brand of product.

The definition of "information advertising" is significant because information advertising that is not lifestyle advertising nor appealing to young persons is permitted via direct mail to adults and in places where people under 18 are prohibited by law.

"Brand preference advertising" means advertising that promotes a tobacco product by means of its brand characteristics.

The definition of "brand preference advertising" is significant because brand preference advertising that is not lifestyle advertising nor appealing to young persons is permitted via direct mail to identified adults and on signs in places where people under 18 are prohibited by law.

"Young person" means a person under 18 years of age.

The Act refers in various sections to “young persons.”

"Retailer" means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers.

"Sell" includes offer for sale, expose for sale and sell for export.