Last updated: January 14, 2021
Key Terms
Tobacco Sponsorship
The Tobacco Control Act 2010 does not contain a definition of "tobacco sponsorship." Failure to define this key term may hinder efforts to implement the FCTC Art. 13 requirement to undertake a comprehensive ban, or apply restrictions, on tobacco sponsorship.
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
"Tobacco product advertisement" –
(a) means any word, whether written, printed or spoken, including on film, video recording or other medium or broadcast, telecast, electronic transmission, computer disk or other data message or any pictorial representation, design or device used to encourage the use or to notify the availability or promote the sale of any tobacco product or to promote smoking behaviour; and
(b) includes the use in any advertisement or promotion to the public of the company name of the manufacturer of the tobacco product where that name or any part of that name is used as or is included in a tobacco product trademark.
The definition of “tobacco product advertisement” aligns with the FCTC definition of “tobacco advertising and promotion” on types and methods of communication, and on the aim or purpose of the communication.
To further align with the FCTC, the definition should make clear that it includes any form of recommendation or action, in addition to any form of communication. Further, the definition should include the “likely effect” of any communication, recommendation, or action in addition to any purposeful promotion.
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" means any product from tobacco whether or not manufactured and intended for use by smoking, inhaling, mastication, orally taking by mouth or administration through the skin, and includes nasal or oral snuff or any product containing tobacco.
The definition of “tobacco product” provided in the law aligns with the definition of “tobacco product” contained 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))
Publish
“Publish” includes to insert in any newspaper or other publication, to broadcast or include in any film, video recording, computer disk or other data message, to display by way of a sign or poster or to distribute, publish or display by any other means.
The definition of “publish” contained in the law is relevant because the law prohibits any person from “publish[ing] any tobacco product advertisement.”
