Costa Rica

Tobacco Control Law - Sponsorship of tobacco: this refers to any kind of contribution to any act, activity or individual with the purpose, effect or possible effect of promoting, directly or indirectly, a tobacco product or the use of tobacco.

Tobacco Control Regulations - Sponsorship of tobacco: This refers to any kind of contribution to any event, activity or individual for the purpose, effect or possible effect of promoting, directly or indirectly, a tobacco product or the use of tobacco and tobacco derivatives.

The definition of “sponsorship or tobacco” contained in the Tobacco Control Law aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g).

The definition in the Regulations mirrors the definition in the Law with the addition of “tobacco derivatives” to the end of the definition. This makes the law and regulations applicable to tobacco derivatives, as well as tobacco products. “Tobacco derivatives” is defined as “products made totally or partly from tobacco leaf as a raw material, as well as its waste, by-products and substitutes, whose purpose is to be smoked, sucked, chewed, sniffed or inhaled. They contain nicotine as a highly addictive psychoactive ingredient.” Therefore, the sponsorship prohibitions apply to electronic cigarettes as a tobacco derivative.

Tobacco Control Law - Advertising and promotion of tobacco: this refers to any form of communication, recommendation or commercial action with the purpose, effect or possible effect of promoting, directly or indirectly, a tobacco product or the use of tobacco.

Tobacco Control Regulations - Advertising and promotion of tobacco: This refers to any kind of communication, recommendation or commercial action with the purpose, effect or possible effect of promoting, directly or indirectly, a tobacco product or the use of tobacco and tobacco derivatives.

The definition of “advertising and promotion of tobacco” contained in the Tobacco Control Law and its Regulations aligns with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

The definition in the Regulations mirrors the definition in the Law with the addition of “tobacco derivatives” to the end of the definition. This makes the law and regulations applicable to tobacco derivatives as well as tobacco products. “Tobacco derivatives” is defined as “products made totally or partly from tobacco leaf as a raw material, as well as its waste, by-products and substitutes, whose purpose is to be smoked, sucked, chewed, sniffed or inhaled. They contain nicotine as a highly addictive psychoactive ingredient.” Therefore, the advertising and promotion prohibitions apply to electronic cigarettes as a tobacco derivative.

Tobacco products: encompasses products prepared totally or in part using tobacco leaf as raw material, and intended to be smoked, sucked, chewed or used as snuff.

The Tobacco Control Law and Regulations both contain the same definition of “tobacco products.” The definition contained in the Law and Regulations aligns with the definition of tobacco product provided in FCTC Art. 1(f).

Promotion of tobacco: any stimulation of the demand for tobacco products, which can include advertising and any act intended to attract attention and incite the interest of consumers and non-consumers of tobacco products or its derivatives.

The definition of “promotion of tobacco” is significant because the Tobacco Control Law and Regulations prohibit any kind of advertising or promotion of tobacco products. There may be some kinds of practices that are captured by the definition of “promotion of tobacco” that may not fall squarely within the definition of “advertising and promotion of tobacco.” Therefore, the inclusion of this definition in the law and regulations ensures that all kinds of tobacco promotional practices are prohibited.

Point of sale: for the purposes of this law, this refers to the cash register or similar point in a commercial establishment.

The definition of “point of sale” is significant because, under the law, the sale of tobacco products may only take place at “point of sale” in a manner consistent with the regulations. Therefore, sale and display of tobacco products are restricted to the cash register area.

Direct communication: communication that takes place between the tobacco industry and vendors or adult consumers of tobacco products and tobacco derivatives.

The definition of “direct communications” is important because the Tobacco Control Law contains an exemption to the ban on tobacco advertising, promotion and sponsorship for “direct communication” with vendors and consumers.