Last updated: September 17, 2019

Key Terms

Additive

Term Defined
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Definition

"Additive" means any substance or compound that is not tobacco or water, used in the processing of tobacco leaf and reconstituted tobacco, in the manufacture and packaging of a tobacco product, including sugars, sweeteners, flavoring agents and (ameliorants).

Analysis

The definition of "additive" is significant because the law regulates additives, prohibiting some categories of additives and restricting other categories.

Ameliorants

Term Defined
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Definition

"Ameliorants" means a substance that reduces irritating aspects of the smoke of tobacco products.

Analysis

The definition of "ameliorants" is significant because the law prohibits the use of ameliorants in tobacco products.

Flavor

Term Defined
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Definition

"Flavor" means a natural or synthetic substance or mixture of substances that imparts, modifies, improves or intensifies the taste and aroma of tobacco derivative smoking products.

Analysis

The definition of "flavor" is significant because the law prohibits the use of substances with flavoring properties and flavoring agents in tobacco products. Note that the definition section of the law also contains a definition of "flavoring agents." The definition of "flavoring agents" applies to tobacco products while the definition of "flavor" applies to tobacco derivative smoking products (such as e-cigarettes).

Flavoring agents

Term Defined
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Definition

"Flavoring agents" means a natural or synthetic substance or mixture of substances that imparts, modifies, enhances or intensifies the flavor of tobacco products.

Analysis

The definition of "flavoring agents" is significant because the law prohibits the use of "flavoring agents" in tobacco products. Note that the definition section of the law also contains a definition of "flavor." The definition of "flavoring agents" applies to "tobacco products" while the definition of "flavor" applies to "tobacco derivative smoking products."

Sugars

Term Defined
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Definition

"Sugars" means monosaccharides and disaccharides, including the sucrose obtained from raw sugarcane juice (garapa; Saccharum officinarum L.) or from beets (Beta alba L.), and may present itself in different granulometries and appearances.

Analysis

The definition of "sugars" is significant because the law regulates and permits the use of sugars in tobacco products if used exclusively for the restitution of the sugar originally present in tobacco leaf prior to the curing process.

Sweetener

Term Defined
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Definition

"Sweetener" means product comprised of artificial sweetener(s), that may contain other ingredient(s), that give a sweet taste to a tobacco derivative smoking product.

Analysis

The definition of "sweetener" is significant because the law prohibits the use of sweeteners in tobacco products. Note that the definition section of the law contains two definitions of "sweetener," one in Art. 3(III) and the other in Art. 3(VII), that differ from each other. This definition encompasses "artificial sweeteners," while the other definition encompasses sweeteners other than "sugar" (as defined in the regulation).