Last updated: July 29, 2023
Key Terms
Tobacco Product
"Tobacco product" means a product composed in whole or in part of tobacco including tobacco leaves or an extract of tobacco leaves or a mixture containing tobacco, and includes –
i) cigarettes cigars, cigarillos, smokeless tobacco, roll-your-own tobacco pipe tobacco water-pipe tobacco green tobacco leaf tobacco heated tobacco product cigarette paper tube or filter and
ii) electronic nicotine delivery systems electronic non-nicotine delivery systems and other products containing nicotine and devices used, manufactured or marketed to replace or imitate tobacco or nicotine.
The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f), and goes beyond the FCTC definition in that in also includes e-cigarettes and electronic nicotine delivery systems.
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))
Tobacco Sponsorship
"Tobacco sponsorship" means a form of contribution to an event activity or individual with the aim effect or likely effect of promoting the use of tobacco or a tobacco product either directly or indirectly.
The definition of "tobacco sponsorship" contained in the law aligns with the definition of “tobacco sponsorship” 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
"Advertisement" means:
(a) a statement communication, representation or reference aimed at the public which is designed to promote or publicize tobacco or a tobacco product or encourage its use or draw attention to the nature properties, advantages or uses of a tobacco product; and tobacco and nicotine products;
(b) the promotion aimed at the public of tobacco or a tobacco product manufacturer's company name where the name or a part of the name is used as or is included in a tobacco or tobacco product trade mark.
The definition of “advertisement” contained in the law does not align with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c) because the definition in the law does not cover communications or actions that may “indirectly” promote tobacco use or a tobacco product. In addition, part (b) of the definition narrowly defines promotions and may not cover some promotional activities.
A definition of “tobacco advertising and promotion” should be provided in accordance with the definition provided 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))
