Last updated: June 5, 2024
Key Terms
Tobacco Sponsorship
Any form of contribution to an event or activity whose objective, or direct or indirect effect, is to promote tobacco.
The law does not contain a definition of “tobacco sponsorship.” However, a definition is not strictly necessary because the law does not prohibit “tobacco sponsorship,” but rather, in a substantive provision states that “Any form of contribution to an event or activity whose objective, or direct or indirect effect, is to promote tobacco is prohibited.” While a definition of “tobacco sponsorship” is not necessary to interpret the law, the substantive provision does not fully align with the FCTC Art. 13 provision because it does not prohibit contributions to “individuals” as well as events and activities.
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 within the meaning of this Act shall refer to, among other things:
1. any form of information addressed to the public or to a specified target group, including product promotions, window displays in shops, signs of any kind and comparable items,
2. all use of traditional tobacco trademarks (name and logo) or parts of them; products manufactured under such trademarks are, however, exempted, but the advertising-limitation provisions of the Act otherwise apply to them,
3. any form of media coverage of individual products for other purposes than to warn of their harmful effects,
4. distribution of samples of goods to consumers.
The definition of “advertising” generally aligns with the definition of “tobacco advertising and promotion” contained in the FCTC. However, although this definition encompasses “product promotions,” it does not define “promotion,” and therefore it is possible that some actions may escape coverage under the ban. Therefore, to clarify the scope of the ban, and fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of “tobacco promotion” or “tobacco advertising and promotion” in accordance with the definition 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 within the meaning of this Act shall refer to tobacco plants (nicotiana) and all products made entirely or in part from them, for consumption, such as cigarettes, cigars, smoking tobacco, snuff and oral tobacco.
The definition of “tobacco” contained in the Act aligns with the definition of “tobacco product” contained 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))
