Last updated: February 19, 2021

Key Terms

Tobacco Product

Term Defined
Definition

“Tobacco product” means any tobacco, cigarette, cigars, pipe tobacco, cigarillos or any other product the main ingredient of which is tobacco and which is designed for human consumption by smoking.

Analysis

The definition of "tobacco product" is narrower than that contained in FCTC Art. 1(f) in that it only refers to smoking rather than including other forms of consumption such as chewing, snuffing and sucking. The law should contain a definition of "tobacco product" in accordance with the definition provided in the FCTC Art. 1(f).

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

“Retail container” means—

(a) a container including a tin, pouch or packet, but does not include any outer wrapper, cellophane, box, carton or other transparent material; and

(b) if several containers are contained inside a larger container, for example packets of cigarettes in a carton, and the whole is offered for retail sale as one unit, includes the larger container and each smaller container therein; but does not include—

(i) a display case that is sold with the tobacco product displayed in it;

(ii) a wrapper on, or a container containing a single cigar; or

(iii) a larger container which is formed by an outer wrapper of cellophane or other transparent material.

Analysis

The definition of a “retail container” is interpreted to capture the packaging of tobacco products used in the retail sale of the product. Accordingly, the definition is in accordance with the definition provided in FCTC Art. 11(4).

FCTC-Based Definition

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