Last updated: January 23, 2023

Key Terms

Tobacco Sponsorship

Term Defined
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Definition

Tobacco sponsorship: all ways of contributing to any act, activity, or individual with the goal or effect of promoting tobacco products and consumption of tobacco.

Analysis

The definition in the law is comprehensive and largely incorporates the FCTC Art. 1(g) definition.

FCTC-Based Definition

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

Term Defined
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Definition

General Law for Tobacco Control - Promotion and publicity of tobacco products: all types of communication, recommendation, or commercial action with the purpose or effect of promoting tobacco products, trade name or manufacturer, to sell a tobacco product or encourage its consumption by any means, including direct advertising, discounts, incentives, rebates, free distribution, the advertising of trade name elements through events and related products, through any means of communication or distribution.

Regulation of the General Law for Tobacco Control - Advertising: the message directed to the general public, with the direct or indirect purpose of informing about the existence or characteristics of a tobacco product, about its manufacturer or its activities, through any means of communication or diffusion.

Analysis

The definitions contained in the law and regulations are comprehensive and largely incorporate the FCTC Art. 1(c) definition. They include the purpose and effect elements of the FCTC definition but do not refer to “likely effect.” This could impose higher evidentiary requirements, which could, in turn, limit practical application of the ban.

FCTC-Based Definition

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

Term Defined
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Definition

Tobacco product: any substance or manufactured good prepared totally or partially using tobacco leaves as raw materials and aimed at being smoked, sucked, chewed, or used as snuff.

Analysis

The definition of "tobacco product" contained in the law is comprehensive and incorporates the FCTC Art. 1(f) definition.

FCTC-Based Definition

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))

Direct Display

Term Defined
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Definition

Direct display: the placement of tobacco products on shelves, counters, displays, among others, inside establishments and points of sale, which allow the consumer to directly observe such products and, if applicable, to take them directly, in order to promote and encourage the purchase for consumption, which is considered a commercial activity of advertising and promotion, in terms of Article 6, Section XXII, of the Law.

Analysis

The definition of "direct display" is significant because the law prohibits both the direct and indirect display of tobacco products at points of sale.

Indirect Display

Term Defined
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Definition

Indirect display: the placement or storage of tobacco products in closed containers or boxes located above or below the counter, in closed cabinets or drawers that allow the consumer to indirectly observe such products, in order to promote and encourage the purchase for consumption, which is considered a commercial activity of advertising and promotion, in terms of Article 6, Section XXII of the Law.

Analysis

The definition of "indirect display" is significant because the law prohibits both the direct and indirect display of tobacco products at points of sale.

Point of Sale

Term Defined
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Definition

Point of sale: any place that allows managing marketing and sales actions of tobacco products for consumption.

Analysis

The definition of "point of sale" is significant because the law applies certain restrictions (e.g., product display) at points of sale.

Corporate Social Responsibility

Term Defined
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Definition

Corporate social responsibility: the public corporate action or activity of the tobacco industry through financial, social, or other contributions, intended directly or indirectly to promote, advertise, enhance or market the corporate brand, product, and its consumption, public relations or related public image, which is considered as a form of advertising and promotion of tobacco products. These contributions may include any support or donations in agricultural, educational, political, social, financial, community, environmental, health, welfare, emergency and disaster reconstruction, community development or any other related activity.

Analysis

The definition of "corporate social responsibility" is significant because the law prohibits actions or activities of corporate social responsibility.