Last updated: February 3, 2020
Law 26687 defines "products prepared with tobacco” as “those prepared that use tobacco totally or in part as raw material and are meant to be smoked, sucked, chewed, breathed in, inhaled or used as snuff."
Decree 602 provides: "The following will be considered products that can be identified as tobacco products:
a) Products for smoking that are not made from tobacco, such as electronic cigarettes, cigars or cigarettes made of other ingredients, etc.
b) Elements or accessories for smoking: such as cigarette holders, water pipes or hookahs, electronic devices for smoking and their accessories, cigarette rollers, ashtrays, etc.
c) Elements identified or associated with brands of tobacco products: t-shirts, caps, lighters, or any kind of product that is not made from tobacco and that uses emblems, figurative brands, images, aromas, or visual or auditory signatures that can be associated with tobacco.
It should be noted that the foregoing list is by way of illustration, and is in no way categorical or exclusive of other products that meet these conditions."
The definition of “tobacco product” in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Decree 602 goes further than the FCTC definition by including in the definition of "tobacco product" smoking products not made from tobacco, smoking accessories, and non-tobacco products bearing tobacco logos or other marks.
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
Packaging of products prepared with tobacco: applies to any wrapper, package, wrapping, box, can or any other device that encloses or contains products prepared with tobacco in their sales format to the end user
The definition of “packaging of products prepared with tobacco” aligns with the definition of “outside packaging and labeling” provided in FCTC Art. 11 because it encompasses all packaging used for retail sale.
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))