Last updated: February 19, 2022
Key Terms
Tobacco Sponsorship
“Tobacco sponsorship” means any form of contribution to any event, activity, or individual person with the aim, or direct or indirect effect, of promoting sales and increase the consumption of tobacco products.
The definition of “tobacco sponsorship” aligns with the definition of “tobacco sponsorship” 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
“Promotion of tobacco products” means activities other than advertising and sponsorship with the aim, or direct or indirect effect, of promoting sales and increase the consumption of tobacco products.
“Advertising” means public information about people, products (works, services), ideas or initiatives (informational advertisement, advertisement with product) designed to attract and sustain public interest in them, contribute to their marketing, and to raising the prestige of the producer/manufacturer.
Law No. 278-XVI defines the term “promotion of tobacco products.” While there is no explicit definition for “tobacco advertising,” the Law on Advertising broadly defines “advertising.” Because the definition of “promotion of tobacco products” includes any activities other than advertising that have the aim, effect, or likely effect of promoting tobacco sales or usage, then the two definitions taken together align with the definition contained in 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” means products that can be consumed and consist, even partly, of tobacco, whether genetically modified or not.
Article 2 of the law contains a definition of “tobacco products” which aligns with the FCTC.
For better clarity, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition 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))
Cross-border Advertising, Promotion and Sponsorship of Tobacco Products
“Cross-border advertising, promotion and sponsorship of tobacco products” means tobacco products advertising, promotion, sponsorship activities that originate within the territory of the Republic of Moldova and that cross or can cross into the territory of another state, including but not limited to internet, radio or other communication technologies, and tobacco products advertising, promotion, sponsorship activities that originate within the territory of another state, and that cross or can cross into the territory of the Republic of Moldova.
The definition of “cross-border advertising, promotion and sponsorship of tobacco products” is relevant because it impacts the legislation in regard to cross-border advertising.
