South Africa

Organized activity:

(a) means any activity or event-

(i) which any member of the public attends or in which he or she participates;

(ii) which is organized for the purposes of entertainment, sport or recreation or for educational or cultural purposes; and

(iii) where a tobacco product, or brand name, trade mark, logo or company name in relation to a tobacco product, is used in the name of or portrayal of the activity or event to promote tobacco use; but

(b) excludes any event arranged by a manufacturer, importer, distributor or retailer of a tobacco product where only its shareholders or its employees or their spouses or partners attend.

The law does not define “tobacco sponsorship” but instead defines “organized activity.” The definition of “organized activity” is significant because tobacco manufacturers, importers, distributors, and retailers are prohibited from promoting an “organized activity.” However, this definition is not a substitute for a definition of “tobacco sponsorship” because the law prohibits “sponsorship” of an organization, event, service, physical establishment, program, project, bursary, or scholarship.

A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).

Advertisement: in relation to any tobacco product-

(a) means any commercial communication or action brought to the attention of any member of the public in any manner with the aim, effect or likely effect of –

(i) promoting the sale or use of any tobacco product, tobacco product brand element, or tobacco manufacturer’s name in relation to a tobacco product; or

(ii) being regarded as a recommendation of a tobacco product;

(b) includes product placement; and

(c) excludes commercial communication between a tobacco manufacturer or importer and its trade partners, business partners, employees and share holders and any communications required by law.

“Advertise” has a similar meaning.

Promotion: the practice of fostering awareness of and positive attitudes towards a tobacco product, brand element or manufacturer for the purposes of selling the tobacco product or encouraging tobacco use, through various means, including direct advertisement, incentives, free distribution, entertainment, organized activities, marketing of brand elements by means of related events and products through any public medium of communication including cinematographic film, television production, radio production or the internet.

“Promote” has a corresponding meaning.

The definitions of “advertisement” and “promotion” together are in accordance with the definition of “tobacco advertising and promotion” provided in FCTC Art. 1(c).

Tobacco product: a product containing tobacco that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.

The definition aligns with the FCTC definition in that the word “consumption” is interpreted to cover “smoking, sucking, chewing, or snuffing.” The definition of “tobacco product” is broader than the FCTC definition in that it also applies to products used in the consumption of tobacco, making the APS ban applicable to such products.

Brand element: includes the brand name, trade mark, trade name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, motto, selling message, print, typeface, recognizable color or pattern of colors, or any other symbol of product identification, that is likely to be taken as or confused with any brand of tobacco product designed to promote tobacco use.

The definition of “brand element” is significant because the definitions of “advertisement” and “promotion” include promoting a “brand element.” Therefore, the prohibition on advertising and promoting tobacco products also prohibits promotion of a brand element.

Organized activity:

(a) means any activity or event-

(i) which any member of the public attends or in which he or she participates;

(ii) which is organized for the purposes of entertainment, sport or recreation or for educational or cultural purposes; and

(iii) where a tobacco product, or brand name, trade mark, logo or company name in relation to a tobacco product, is used in the name of or portrayal of the activity or event to promote tobacco use; but

(b) excludes any event arranged by a manufacturer, importer, distributor or retailer of a tobacco product where only its shareholders or its employees or their spouses or partners attend.

The definition of “organized activity” is significant because tobacco manufacturers, importers, distributors, and retailers are prohibited from promoting an “organized activity.”

Product placement: the depiction of, or reference to, a tobacco product or brand element in a broadcast program, film, video recording, telecast or other electronic medium for which the producer, or any other person associated with the broadcast program, film, video recording, telecast or other electronic medium, receives payment in cash or otherwise.

The definition of “product placement” is important because the definition of “advertisement” includes “product placement.” Therefore, the prohibition on advertisement and promotion of tobacco products includes a ban on product placement.