Last updated: January 9, 2023
Key Terms
Tobacco Sponsorship
“Sponsorship” means making contributions (in the form of money, property, outcomes of intellectual activities, providing services or providing labor) by individuals or legal entities to a business of another individual or legal entity with the condition that the recipient will provide advertising for the goods manufactured by the sponsor.
The definition of “sponsorship” in the law does not align with the definition of “tobacco sponsorship” provided in FCTC Art. 1(g) because the definition in the law only includes those contributions made in exchange for advertising. It does not include contributions with the effect or likely effect of promoting tobacco products or use.
A definition of "tobacco sponsorship" should be provided in accordance with 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
“Advertising of tobacco products, tobacco accessories and/or tobacco devices” means advertising tobacco products, tobacco accessories and/or tobacco devices or its manufacturer, importer, distributor and/or wholesaler and demonstrating tobacco products, tobacco accessories and/or tobacco devices, their boxes, cartons, process of consumption or activities associated with it.
“Advertisement” means information about goods, services, and works (the ‘goods’), natural and legal persons, ideas and causes disseminated by any means and form that is intended for an unlimited group of persons, and serves to form and maintain interest towards natural and legal persons, goods, ideas and causes, and to facilitate the sale of goods and to advance the ideas and causes.
The definitions of “advertising of tobacco products, tobacco accessories and/or tobacco devices” and “advertisement” in the law, when taken together, align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c). To further align, the definition should include actions with the aim, effect, or likely effect that tobacco will be promoted.
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 any product that contains tobacco or its elements (except for medications containing nicotine), and which is intended to be smoked, chewed, snused or sniffed, including:
a.a) filtered and unfiltered cigarettes;
a.b) papirosa, cigars and cigarillos;
a.c) pipe tobacco, tobacco for hookah;
a.d) rolling tobacco;
a.e) chewing, snus and snuff tobacco;
a.f) electronic cigarettes or other similar nicotine-delivering devices containing materials/cartridges/capsules;
a.g) New tobacco product - product containing tobacco but not included in any other category of tobacco products as defined under sub-paragraph "a" of this Article;
a.h) Raw tobacco products, tobacco leftovers;
a.i) Heating tobacco - tobacco product (except for electronic cigarettes or other similar material/cartridge/capsule containing nicotine) designed to be used only by heating.
The definition of "tobacco product" aligns 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 Expansion
"Brand expansion" means association of a tobacco product brand, trade mark, emblem, trade mark, logo or any other distinctive mark (including different color combinations) with another product or service in which the tobacco product and other product or service are identified with each other.
The definition of "brand expansion" is significant because the law prohibits this promotional practice.
