Last updated: January 14, 2021

Key Terms

Tobacco Product

Term Defined
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Definition

"Tobacco product" means—

(a) a cigarette or cigar, or any other form of tobacco;

(b) a tobacco derivative;
(c) a tobacco substitute; or
(d) any mixture containing any form of tobacco or a tobacco derivative or tobacco substitute,
but does not include a therapeutic product registered under the Health Products Act (Cap. 122D).

Analysis

The definition adopted under the law aligns with the FCTC definition provided in Art. 1(f).

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))

Outside Packaging and Labeling

Term Defined
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Definition

"Packaging", in relation to any product or article, means any container and any other packaging material in which

or with which the product or article is supplied, and includes —

(a) the box, carton, cylinder, packet, pouch, tin or other receptacle which contains the product or article;
(b) where any such receptacle is or is to be contained in one or more other receptacles, each of the other receptacles;
(c) wrapper or wrapping of any nature or form;
(d) any accompanying leaflet, brochure or other written material; and
(e) any written, printed or graphic representation that appears on or with, or is attached to, the product or article or any part of its packaging.

“Retail package”, in relation to any tobacco product, means a container in which the tobacco product is supplied for the purpose of retail sale.

Analysis

Both the definition of “packaging” contained in the law and the definition of “retail package” contained in the regulations align with the definition provided in FCTC Art. 11(4).

FCTC-Based Definition

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))