Last updated: July 29, 2022

Key Terms

Tobacco Product

Term Defined
Definition

Tobacco products: encompasses products prepared totally or in part using tobacco leaf as raw material, and intended to be smoked, sucked, chewed or used as snuff.

Analysis

The definition of “tobacco products” contained in the Tobacco Control Law and Tobacco Control Regulations aligns with the definition of “tobacco product” provided in FCTC 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
Definition

Packaging: this consists of the following:

1.- Primary package or pack: any container that has direct contact with the tobacco product, for the purpose of protecting it against deterioration, contamination or adulteration, and to facilitate its handling.

2.- Secondary package or carton: any container that contains two or more primary packages for the purpose of protecting them and facilitating their commercialization until reaching the end consumer. The secondary package is usually used to gather in a single purchasing unit several primary packages.

Analysis

The Tobacco Control Law and Labeling Regulations both contain the same definition of “packaging”. This definition aligns with the definition of “outside packaging and labeling” provided in FCTC Art. 11(4) in that it encompasses unit and outer packaging used in retail sale.

FCTC-Based Definition

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

Tobacco Products and Derivatives

Term Defined
Definition

Tobacco products and derivatives: these are products prepared totally or in part using tobacco leaf as a raw material, and intended to be smoked, sucked, chewed or used as snuff, including electronic cigarettes.

Analysis

The definition of “tobacco products and derivatives” is significant because health warnings are required not just on all tobacco products, but on all tobacco products and derivatives. Therefore, for example, health warnings are required on electronic cigarettes.