Last updated: July 20, 2021

Key Terms

Tobacco Product

Term Defined
Definition

"Tobacco product" means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device.

Analysis

The definition of “tobacco product” aligns with the definition contained in FCTC Art. 1(f) and is more comprehensive than the FCTC definition in that it also encompasses papers, tubes, and filters.

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 Not Defined
Analysis

The definition of “package” was deleted from the Tobacco Act by the 2009 amendments. A definition of “package” is not strictly needed because the regulations set forth requirements for health warnings and health information for various types of packages and cartons; clearly requiring health warnings and information on all packaging and labeling used in the retail sale of the product.

FCTC-Based Definition

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

Emission

Term Defined
Definition

"Emission" means a substance that is produced when a tobacco product or vaping product is used.

Analysis

The definition of "emission" is significant because the Tobacco Products Information Regulations require health warnings, health information, and information on toxic emissions and constituents on tobacco product packages.

Carton

Term Defined
Definition

With respect to tobacco packages other than packages of cigarettes and little cigars [Tobacco Products Information Regulations]: “carton” means a package that contains two or more packages of a tobacco product, other than a tube, a filter or cigarette paper.

With respect to packages of cigarettes and little cigars [Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)]: “carton” means a package that contains two or more packages of a tobacco product.

Analysis

The definition of "carton" is significant because the Tobacco Products Information Regulations (as amended) and the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) require health warnings and health information on “cartons.”

Health Information

Term Defined
Definition

With respect to tobacco packages other than packages of cigarettes and little cigars [Regulations Amending the Tobacco Products Information Regulations]: “health information” means the information set out in Part 4 of the source document, but does not include the attribution of that information to its source as provided for in subsection 4(1).

With respect to packages of cigarettes and little cigars [Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), Section 1]: “health information message” means the following messages, but does not include the attribution of those messages to their source as provided for in subsection 6(1): (a) in respect of cigarettes, the messages set out in Part 3 of Division A of the source document; and (b) in respect of little cigars, the messages set out in Part 3 of Division B of the source document.

Analysis

The definition of "health information" is significant because the Tobacco Products Information Regulations require health warnings, health information, and information on toxic emissions and constituents on tobacco product packages.

Health Warning

Term Defined
Definition

With respect to tobacco packages other than packages of cigarettes and little cigars [TPI Regs, Section 1; Regulations Amending the Tobacco Products Information Regulations, Sections 4, 5]: “health warning” means a. in respect of cigarette tobacco, kreteks, leaf tobacco and tobacco sticks, the warnings that are set out in Part 1 of the source document; b. in respect of pipe tobacco, other than pipe tobacco described in subsection 6(1), the warnings that are set out in Part 2 of the source document; c. in respect of pipe tobacco and cigars described in section 6, the warnings that are set out in Part 3 of the source document; and d. in respect of bidis, chewing tobacco and snuff, the warnings that are set out in subsection 5(4) to (6).

With respect to packages of cigarettes and little cigars [Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), Section 1]: “health warning” means the following warnings but does not include the attribution of those warnings to their source as provided for in subsection 6(1): (a) in respect of cigarettes, the warnings set out in Part 1 of Division A of the source document; and (b) in respect of little cigars, the warnings set out in Part 1 of Division B of the source document.

Analysis

The definition of "health warning" is significant because the Tobacco Products Information Regulations (as amended) and the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) require health warnings, health information, and information on toxic emissions and constituents on tobacco product packages.

Labelling Element

Term Defined
Definition

“Labelling element” means a health warning, toxic emissions statement or health information message.

Analysis The definition of "labelling element" is significant because it encompasses the three types of information required on product packaging.