Last updated: May 23, 2022
Key Terms
Tobacco Sponsorship
Sponsorship: refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship.
The definition of "tobacco sponsorship" does not fully align with the definition provided in the FCTC. The definition would be made stronger by including contributions with the likely effect of promoting a tobacco product or tobacco use and not limit contributions to a third party, in accordance with the definition provided in 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: refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumer products, services or credit. For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer’s names.
Promotion: refers to an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer's name, trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing the brand names, trade names, logos, etc. in movies, television and other forms of entertainment. For the purpose of thus Act, promotion shall be understood as tobacco promotion.
The definitions of “advertising” and “promotion” provided for in the law are more limiting than the FCTC Art. 1(c) definition because they refer only to commercial communications in mass media and omit any action or recommendation with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.
A definition of "tobacco advertising and promotion" should be provided in accordance with 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 product: refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall apply to other tobacco products.
The term "tobacco product" is defined in accordance with 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))
