Last updated: May 11, 2023
Key Terms
Tobacco Sponsorship
“Tobacco sponsorship” means any form of public or private support to an event, activity or individual with the aim or direct or indirect effect of promoting the sales of a tobacco product, tobacco substitute, smoking accessory, tobacco imitation, electronic cigarette or nicotine-containing liquid.
The definition of "tobacco sponsorship" contained 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
While the law contains a definition of “marketing” (see below) which encompasses advertising and promotion activities, the law does not contain a definition of "tobacco advertising and promotion." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of “tobacco advertising and promotion” should be provided in accordance 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
“Tobacco product” means a product that can be consumed and consists wholly or partly of tobacco (nicotiana).
The definition of "tobacco product" contained in the law 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))
Marketing
“Marketing” means advertising, indirect advertising and other promotion efforts as well as tobacco sponsorship.
The definition of “marketing” is significant because it encompasses tobacco advertising, promotion and sponsorship.
Indirect Advertising
“Indirect advertising” means the promotion of a product through the advertising of other commodities by exploiting the established symbol of a product or an altered but identifiable version thereof or by otherwise creating an impression of a particular product.
The definition of “indirect advertising” is significant because the term is used in the definition of “marketing.”