Tobacco and Vaping Products Act

Marginal note:Advertising

• 22 (1) Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element.

• Marginal note:Exception

  (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in

  • (a) a publication that is provided by mail and addressed to an adult who is identified by name; or

  • (b) [Repealed, 2009, c. 27, s. 11]

  • (c) signs in a place where young persons are not permitted by law.

• Marginal note:Lifestyle advertising

  (3) Subsection (2) does not apply to lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.

• Marginal note:Definitions

  (4) The definitions in this subsection apply in this section.

  brand-preference advertising

  publicité préférentielle

  brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. (publicité préférentielle)

  information advertising

  publicité informative

  information advertising means advertising that provides factual information to the consumer about

  • (a) a product and its characteristics; or

  • (b) the availability or price of a product or brand of product. (publicité informative)

  lifestyle advertising

  publicité de style de vie

  lifestyle advertising means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. (publicité de style de vie)