LANGUAGE
Last updated: July 26th 2020

Key Terms

Tobacco Product

Term Defined
Definition

“Product containing tobacco” is referred to any product that is made using or including any amount of tobacco. 

The definition excludes Nicotine Replacement Therapy (NRT) that includes chewing gum patch or other such products
and medicines approved by the concerned government authority or is generally permitted as part of medical treatment to stop smoking or to use in a cessation program or prescribed under such a program.

Analysis

The definition of "product containing tobacco" aligns with the definition contained in FCTC Art. 1(f).

To more fully align, the definition of "product containing tobacco" could specify that it includes products as manufactured to be used for smoking, sucking, chewing or snuffing.

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 Not Defined
Analysis

The law does not contain a definition of “outside packaging and labeling.” This can hamper application and implementation of FCTC Art. 11 and the FCTC Art. 11 Guidelines. A definition of "outside packaging and labeling” should be provided in accordance with FCTC Art. 11(4).

FCTC-Based Definition:

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