Last updated: February 14, 2022
Key Terms
Tobacco Sponsorship
Sponsorship: any form of public or private contribution to an event, activity or individual with the purpose or effect, directly or indirectly, to promote a tobacco product.
Sponsorships: means any contribution made by a public or private or a natural person not engaged in providing audiovisual media services or in the production of audiovisual works, to the financing of audiovisual media services or programs with a view to promoting its name, its trade mark, its image, its activities or its products.
The two separate laws that regulate tobacco sponsorship both contain a definition of “sponsorship.” The definition contained in Legislative Decree No. 300 of December 16, 2004, which applies to sponsorship of radio programs, events, and activities, aligns with the definition of “tobacco sponsorship” provided in FCTC Art. 1. However, the definition of “sponsorship” provided in Legislative Decree No. 177 of July 31, 2005, which applies to sponsorship of audiovisual communications, is more limited. This definition encompasses contributions made with the intent of promoting a tobacco product; whereas the definition contained in the FCTC also includes contributions that have the effect or likely effect of promoting a tobacco product. Therefore, this definition fails to include all contributions by the tobacco industry.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide one consistent definition of “tobacco sponsorship” in accordance with the definition contained in FCTC Art. 1.
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: any form of commercial communication with the purpose or effect, directly or indirectly, to promote a tobacco product.
The definition of “advertising” contained in Legislative Decree No. 300 of December 16, 2004 includes commercial communication but not “recommendations or actions.” This could have the effect of failing to cover tobacco promotional activity under the ban on tobacco advertising.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC Art. 1.
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 products: all the products intended to be smoked, sniffed, sucked or chewed even if they are made, even partially, of tobacco.
The definition of “tobacco products” contained in Legislative Decree No. 300 of December 16, 2004 aligns with the definition of “tobacco product” provided in the FCTC Art. 1.
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))
