Last updated: July 19, 2021
Key Terms
Tobacco Sponsorship
Neither Law No. 15 nor Decision No. 24 contains a definition of “tobacco sponsorship.” Undefined key terms may hinder implementation and enforcement of provisions the law. Here, the lack of definition of “tobacco sponsorship” may hinder enforcement of the provisions restricting tobacco sponsorship.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and contain a definition of “tobacco sponsorship” 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 and promotion: publicity, advertising and promotion – Direct or indirect provision of information on tobacco plants or tobacco products using print or audiovisual media or any other means with the aim of encouraging the tobacco trade or increasing the number of tobacco consumers.
The definition of “advertising and promotion” in Law No. 15 and Decision No. 24 does not fully align with the definition of “tobacco advertising and promotion” contained in FCTC Art. 1 because it is limited to “provision of information” on tobacco products and is not as broad as “any form of commercial communication, recommendation or action.” The definition additionally does not explicitly apply to communications “with the effect or likely effect of promoting a tobacco product,” but rather only those that have “the aim” of increasing tobacco consumption.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion and contain a definition of “tobacco advertising and promotion” 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))
Tobacco Product
Tobacco products: products wholly or partially consisting of tobacco leaves as a raw material, whether whole, course-cut or fine-cut and whether in their natural state, mixed with other materials or formed into any shape, any form of ground tobacco and any other composite material that includes tobacco as one of its constituents.
The definition of “tobacco products” does not align with the definition provided in FCTC Art. 1(f). The definition does not state that the product is manufactured for smoking, sucking, chewing, or snuffing. The law should contain a definition of “tobacco product” in accordance with the definition 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))
