Last updated: February 10, 2024
Key Terms
Tobacco Sponsorship
The Tobacco Control Products Act of 2017 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
“Advertising” shall mean any action taken for the purpose of having the public see, hear, or learn of information that is advantageous in marketing.
The definition of "advertising" contained in the Tobacco Control Products Act of 2017 partially aligns with the definition of "tobacco advertising and promotion" provided in the FCTC in that it encompasses "commercial actions." While it does not encompass "commercial communications and recommendations," the law contains a definition of "marketing communications" that does encompass those promotional concepts. Therefore, while the definition of "advertising" alone does not fully align with the FCTC definition of "tobacco advertising and promotion," taken together with the definition of "marketing communications" it aligns with all concepts in the FCTC definition.
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” shall mean products derived from the tobacco leaf, or from [other parts of] the plant nicotiana tabacum, and shall further include any product containing nicotine as an ingredient for consumption by smoking, sucking, sniffing, chewing, eating, burning, or snuffing into the mouth or nose, or by any other means to achieve the same purpose, but excluding items regulated by the drug laws.
The definition of "tobacco products" contained in the Tobacco Control Products Act of 2017 aligns with the definition of "tobacco product" provided 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))
Information
“Information” shall mean writing, pictures, motion pictures, projections, sounds, symbols, or any other thing understood by the general public.
The definition of "information" is significant because the definition of "advertising" includes this term. Specifically, the definition of "advertising" includes any action taken for the purpose of having the public see, hear, or learn of "information" that is advantageous in marketing.
Marketing Communications
“Marketing communications” shall mean any kind of action, whether via advertising, public relations, creation of news, distribution of information, promotion of sales, displays at the point of sale, direct marketing, marketing or sales promotion by specific persons, or marketing via the internet, where the intent is to sell goods or services or to create an image.
The definition of "marketing communications" is significant because the law prohibits advertising or conveying any marketing communication for tobacco products. The definition of "marketing communications" encompasses types of promotional activities and, therefore, the ban applies to both advertising and promotion of tobacco products.
