LANGUAGE
Last updated: September 28th 2020

Key Terms

Tobacco Product

Term Defined
Definition

[Law No. 12-2012] Tobacco products are considered to comprise the set of tobacco derivatives intended to be smoked, sucked, sniffed or chewed, as long as they are partially composed of tobacco, products intended to be smoked even if they do not contain tobacco, as well as all products involved with advertising for tobacco and its derivatives.

[Decree No. 2018-217] Tobacco products: the assortment of tobacco derivatives intended to be smoked, sucked, chewed, snorted or sniffed, as long as they are even partially composed of tobacco, products intended to be smoked even if they do not contain tobacco, as well as any products addressed in advertising for tobacco and its derivatives.

Analysis

The definitions of “tobacco products” contained in the law and the decree align with the definition of “tobacco product” provided in FCTC Art. 1(f), and go further by including “products intended to be smoked even if they do not contain tobacco, and any products relating to advertising tobacco and its derived products.”

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

Primary packaging: any pack, envelope, receptacle or any other container in direct contact with the tobacco and its derivative products; a form of presentation provided for users by retailers, particularly the pack and display units.

Secondary packaging: any kind of receptacle containing primary packages, particularly cartons and cases.

Analysis

The law’s definitions of “primary packaging” and “secondary packaging” align with the definition of “outside packaging and labeling” contained in FCTC Art. 11(4) in that the law’s definitions encompass all packaging used in the retail sale of the product.

FCTC-Based Definition:

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

Plain Packaging

Term Defined
Definition

Plain packaging: plain packaging of tobacco products consists of taking measures to require that packages of all tobacco products have a standard color and style, and exhibit nothing but the name of the product. Thus, plain packaging restricts or prohibits the use of logos, colors, images of brands or promotional texts on packages of tobacco products.

Analysis

The definition of “plain packaging” is significant because the decree states that “packaging must be plain.” However, an administrative order with further details needs to be issued in order to implement this requirement.

Health Messages and Warnings

Term Defined
Definition

Health messages and warnings: images accompanying required text and messages that must be displayed on primary, secondary packaging, and on any kind of presentation of tobacco and its derivative products, for the purpose of raising awareness on the harmful effects of tobacco.

Analysis

The definition of “health messages and warnings” is significant because it specifies that health warnings are composed of both images and text and are required on both primary and secondary packaging.