Last updated: September 14, 2021

Key Terms

Tobacco Product

Term Defined
Definition

Tobacco and tobacco product: Tobacco in cut leaves, whether processed or not, regardless of the form of its presentation, and intended to be smoked, sniffed, chewed or sucked, as well as the accessories intended to facilitate such use.

Analysis

The definition of “tobacco and tobacco product” contained in the Tobacco Control Law aligns with, and is broader than, the FCTC definition in that it applies to accessories intended to facilitate tobacco use as well as tobacco itself.

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

Tobacco and other tobacco product packaging: refers to tobacco product package(s). The concerned tobacco products are cigarettes, cigars, shisha and pipe tobacco, and chewing tobacco.

Tobacco and tobacco product labeling: the words, indications, directions for use, product brands, images or signs relating to tobacco and tobacco products appearing on the tobacco and tobacco products themselves or on any package, document, label, ring or band accompanying the tobacco and tobacco products sold to consumers or relating thereto.

Analysis

Neither the Tobacco Control Law nor Administrative Order No. 039 contains a definition of “outside packaging and labeling.” However, Order No. 420 contains definitions of the terms “tobacco and other tobacco product packaging” and “tobacco and tobacco product labeling.” Taken together, these terms are interpreted as encompassing all packaging of tobacco products used in the retail sale, including both unit (e.g., pack) and outside packaging and labeling (e.g., carton). Therefore, the law aligns with the definition of “outside packaging and labeling” provided in the FCTC.

FCTC-Based Definition

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