LANGUAGE
Last updated: December 7th 2020

Key Terms

Tobacco Product

Term Defined
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Definition

Tobacco products: means the products specified in the Schedule.

The Schedule specifies: cigarettes; cigars; cheroots; beedis; cigarette tobacco, pipe tobacco, and hookah tobacco; chewing tobacco; snuff; pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called); gutka; tooth powder containing tobacco.

Analysis

Although the definition includes an extensive list of tobacco products, it is not as comprehensive as the definition of “tobacco products” provided in FCTC Art. 1(f).

A definition of “tobacco products” should be provided in accordance with the definition supplied by 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 Not Defined
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 11 and the FCTC Art. 11 Guidelines.

A definition of “outside packaging and labeling” should be provided in accordance with FCTC Art. 11(4).

FCTC-Based Definition:

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

Label

Term Defined
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Definition

Label: any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Package (COTPA)

Term Defined
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Definition

Package: includes a wrapper, box, carton, tin or other container.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Package (G.S.R. 305(E))

Term Defined
Definition

Package: any type of pack in which cigarette and other tobacco product is packaged for consumer sale but shall not include wholesale, semi wholesale or poora packages if such packages are not intended for consumer use.

Analysis

As it does not appear that G.S.R. 305(E) Sec. 2(1) amends the definition of “package” in COTPA, we assume that the two definitions should be read together.

Principal Display Area (box type packages)

Term Defined
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Definition

Principal display area (for box type packages): two equal sized largest surface areas of the box that may be displayed or visible under normal or customary conditions of sale or use.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Principal Display Area (pouch type packages)

Term Defined
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Definition

Principal display area (for pouch type packages): the entire surface area of the pack that may be displayed or visible under normal conditions of sale or use.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Principal Display Area (conical or cylindrical type packages)

Term Defined
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Definition

Principal display area (for conical or cylindrical type packages): the entire curving area of the pack that may be displayed or visible under normal or customary conditions of sale or use.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Principal Display Area (for any other form or type of packages)

Term Defined
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Definition

Principal display area (for any other form or type of package): the entire surface area of the pack that may be displayed or visible under normal or customary conditions of sale or use.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Specified Warning (COTPA)

Term Defined
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Definition

Specified warning: such warnings against the use of cigarettes or other tobacco products to be printed, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as may be prescribed by rules made under this Act.

Analysis

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.

Specified Health Warning (G.S.R. 182(E))

Term Defined
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Definition

Specified health warning: such health warnings as specified by the Central Government from time to time, in the Schedule to these rules.

Analysis

As it does not appear that G.S.R. 182(E) Sec. 2(d) amends the definition of “specified warning” in COTPA, we assume that the two definitions should be read together.

This definition aids in the interpretation of the packaging and labeling provisions of COTPA.