LANGUAGE
Last updated: September 26th 2019

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

Packaging: “the packaging of tobacco and tobacco products refers to the package(s) of tobacco products.”

Labeling: “labeling of tobacco and tobacco products is understood to refer statement, indications, instructions for use, product brands, images or signs concerning tobacco and tobacco products, appearing on the tobacco and tobacco products themselves, or on any package, document, label, fastening or clasp accompanying the tobacco and tobacco products sold to consumers, or having to do with them.”

Analysis

Neither the Tobacco Control Law nor Administrative Order No. 039 contains a definition of “outside packaging and labeling.” However, Administrative Order No. 039 contains definitions of the terms “packaging” and “labeling.” Taken together, these terms are interpreted as encompassing all possible packaging of tobacco products, 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))