LANGUAGE
Last updated: March 4th 2020

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship: any form of contribution to any act, activity, individual or public or private institution with the goal, effect or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco. Donations are included in this definition.

Analysis

The definition of “sponsorship” in the 2008 Regulations aligns with the FCTC definition of “tobacco sponsorship.”

FCTC-Based Definition:

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

Term Defined
Definition

Advertising and promotion: any form of commercial action, communication or recommendation by any medium with the goal, effect or possible effect of directly or indirectly promoting a tobacco product or the use of same.

Analysis

The definition of “advertising and promotion” in the 2008 Regulations aligns with the FCTC definition of “tobacco advertising and promotion.”

FCTC-Based 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

Term Defined
Definition

Included in this regulation are cigarettes, cigars, tobaccos and other products of similar use, prepared totally or in part by using tobacco leaves as raw material and designed to be smoked, inhaled, sucked, chewed or used as snuff.

Analysis

Although not technically a definition, this provision defines the scope of the regulations as being applicable to the stated types of tobacco products.

This provision aligns with the definition provided in FCTC Art. 1.

FCTC-Based Definition:

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))

Brand Element

Term Defined
Expand to view related litigation.
Definition

Brand element: encompasses the recognizable distinctive appearance, the graphic layout, the design, the slogan, the symbol, the motto, the sales message, the color or combination of colors, or other identifiable items of any tobacco product brand, or things representative thereof.

Analysis

The definition of “brand element” is relevant to the provisions prohibiting brand stretching and reverse brand stretching.