Last updated: October 4, 2019
Key Terms
Tobacco Sponsorship
"Promotion and advertising of tobacco, tobacco products and derived products” means any contribution of any kind to any event, activity or an individual or legal entity, aiming to or having the likely effect of directly or indirectly promoting a tobacco product or tobacco use.
Technically, the law does not define the term “tobacco sponsorship.” However, the definition of "promotion and advertising of tobacco, tobacco products and derived products" contained in the law aligns with the definition of "tobacco sponsorship" provided in FCTC Art. 1(g). In addition, the law prohibits “[a]ny sponsorship or sponsoring operation that aims to or has the effect of directly or indirectly promoting or advertising tobacco, tobacco products and derived products,” which contains many of the elements contained in the definition of “tobacco sponsorship” 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
“Promotion and advertising of tobacco, tobacco products and derived products” means any contribution of any kind to any event, activity or an individual or legal entity, aiming to or having the likely effect of directly or indirectly promoting a tobacco product or tobacco use.
The definition of "promotion and advertising of tobacco, tobacco products and derived products" encompasses contributions, but it does not specifically encompass “any form of commercial communication, recommendation, or action” and therefore is narrower than the FCTC definition of "tobacco advertising and promotion." However, these concepts are captured in the definition of “indirect advertising,” although this term not being used in the law.
For greater clarity and to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain one definition of “tobacco advertising and promotion” that captures any form of commercial communication, recommendation, or action in accordance with 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 product and tobacco derivatives” means a product that is entirely or partially composed of tobacco as its raw material, produced to be smoked, sucked, chewed or sniffed.
“Tobacco product” means products entirely or partially made of leaf tobacco as the raw material and intended to be smoked, snuffed, chewed or sucked.
The definitions of “tobacco product and tobacco derivatives” contained in the law and “tobacco product” contained in the ministerial order aligns with the definition of “tobacco product” 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))
Indirect advertising
“Indirect advertising” means any form of communication or commercial contribution or action recommendation for tobacco, by its graphic design or presentation or the use of a brand or advertising symbol or any other distinctive sign.
Point of sale for tobacco, tobacco products and derived products
“Point of sale for tobacco, tobacco products and derived products” means any fixed site permanently delimited by partitions or continuous walls extending from the floor to the ceiling, which customers can only access through a door, at which the operator sells tobacco, tobacco products or derived products as retail.
