LANGUAGE
Last updated: May 17th 2019

Key Terms

Tobacco Product

Term Defined
Definition

Tobacco product means a product that is wholly or partly made of tobacco leaf as its raw material that is processed for use by burning, sucking, inhaling or chewing.

Analysis

The definition of “tobacco product” provided in PP 109 of 2012 and MOH Regulation No. 56 of 2017 aligns with the definition of “tobacco products” provided in 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

Tobacco Product Packaging, hereinafter called Packaging, is material used to contain and/or wrap tobacco product, whether in direct contact with the tobacco product or not.

Analysis

Although the definition of “tobacco product packaging” does not specify explicitly that such packaging is used “in the retail sale of the product” as required by FCTC Art. 11 para. 4, the definition does indicate that any material used to contain or wrap the tobacco product whether or not in direct contact with the product is considered packaging. As such material would encompass that used in the retail sale of the product, this definition aligns with the definition of “outside packaging and labeling” provided in the FCTC.

In addition, elsewhere in MOH Regulation No. 28 of 2013, the law defines the terms "smallest packet" and "larger packaging," which helps to distinguish between unit and outside packaging and labeling.

FCTC-Based Definition:

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

Health Warning

Term Defined
Definition

Health warning is graphics and text which provide information and education concerning the dangers of smoking.

Analysis

The definition of “health warning” aids in the interpretation of the packaging and labeling provisions of PP 109 of 2012 and the MOH regulations.

Health Information

Term Defined
Definition

Health information is explanations related to health which are included in Tobacco Product Packagings.

Analysis

The definition of “health information” aids in the interpretation of the packaging and labeling provisions of PP 109 of 2012 and the MOH regulations.

Smokeable

Term Defined
Definition

Smokeable means a tobacco product intended to be burned, sucked and/or inhaled, including kretek cigarettes, white cigarettes, cigars or other forms produced from the nicotiana tabacum, nicotiana rustica, and other species of plants or their synthesized equivalents, the smoke from which contains nicotine and tar, with or without additives.

Analysis

The definition of “smokeable” is narrower than the FCTC definition of “tobacco product” because it only encompasses tobacco products that are smoked, and not those that are chewed or snuffed. This narrows the scope of the labeling provisions.

There, however, is a separate definition of “tobacco product” that aligns with the definition provided in FCTC Art. 1(f). Moreover, the term “smokeable” is not used in the text of the regulations except in the definition section.

Label

Term Defined
Definition

Label means any information about the tobacco product in the form of pictorial images, text, a combination of both, or other form that is included with the tobacco product, inserted into it, placed on it, or is part of the Tobacco Products Packaging.

Analysis

The definition of “label” aids in the interpretation of the packaging and labeling provisions of PP 109 of 2012 and the MOH regulations.

Tobacco Product Variation

Term Defined
Definition

Tobacco Product Variation is a variation of a Tobacco Product Brand.

Analysis

The definition of “tobacco product variation” aids in the interpretation of the packaging and labeling provisions of the MOH regulations.

Smallest Packet

Term Defined
Definition

Smallest packet is the wrapping that is in direct contact with Tobacco Product for retail sale.

Analysis

The definition of “smallest packet” aids in the interpretation of the packaging and labeling provisions of the MOH regulations.

Larger Packaging

Term Defined
Definition

Larger Packaging is the carton.

Analysis

The definition of “larger packaging” aids in the interpretation of the packaging and labeling provisions of the MOH regulations.

Nicotine

Term Defined
Definition

Nicotine is a substance or pyrrolidine compound contained in nicotiana tabacum, nicotiana rustica and other species or their synthetic equivalents which is addictive and can lead to dependence.

Analysis

The definition of “nicotine” aids in the interpretation of the packaging and labeling provisions of PP 109 of 2012 and the MOH regulations.

Tar

Term Defined
Definition

Tar means the smoke condensate that is the total residue produced when smokeables are burned, net of nicotine and water, which is carcinogenic.

Analysis

The definition of “tar” aids in the interpretation of the packaging and labeling provisions of PP 109 of 2012 and the MOH regulations.