LANGUAGE
Last updated: September 17th 2019

Key Terms

Tobacco Product

Term Defined
Definition

Tobacco is considered to be the leaves, parts of the leaves and stalks of the plant Nicotina Tabacum, L. and Nicotina Rusticda, L., whether sold in the form of a cigarette, cheroot or cigar, or cut for pipe use or hand rolling of cigarettes.

Analysis

Although the law does not contain a definition of "tobacco product," it does contain a definition of "tobacco." The definition of "tobacco" does not align with the FCTC Art. 8 definition of "tobacco products" because it is unclear whether it was intended to cover smokeless tobacco. Regardless, the health warning provisions apply to "cigarettes" only, and not to tobacco products. Therefore, the definition does not serve to meet obligations under FCTC Art. 11.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should contain a definition of "tobacco products" in accordance with the definition provided in FCTC Art. 1.

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 law does not contain a definition of "outside packaging and labeling." The failure to define this key term may hinder efforts to implement and enforce provisions on tobacco product packaging and labeling.

FCTC-Based Definition:

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