Last updated: September 17, 2019
Smoking product: a manufactured product, whether derived from tobacco or not, that contains leaves, extracts of leaves or other plant parts in its composition.
Smoking product derived from tobacco: any manufactured product that contains tobacco in its composition.
The resolution covering packaging and labeling of tobacco products defines two terms - “smoking product” and “smoking product derived from tobacco.” The definitions of these terms are potentially limiting because they do not specifically include products made of tobacco but intended to be consumed in a manner other than smoking. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should define “tobacco product” in accordance with the definition provided in FCTC Art. 1.
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: wrapping, enclosure, or any kind of packaging intended to contain smoking products derived from tobacco with the following classifications: a) Primary packaging: packaging that covers the smoking product derived from tobacco and intended for the final consumer; b) Secondary packaging: outside packaging of the product that contains more than one primary package, whether intended for the final consumer or not; c) Tertiary packaging: outside product packaging that contains more than one package, and not intended for the final consumer.
The definition of “packaging” aligns with the FCTC definition in that it covers both unit (e.g., pack) and outside packaging and labeling (e.g., carton).
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))