Last updated: February 26, 2024
Key Terms
E-Cigarette
“Electronic Nicotine Delivery System/Electronic Non-Nicotine Delivery System (ENDS/ENNDS)” –
(a) means a system which produces, upon heating, an aerosol for inhalation from a solution which –
(i) may contain nicotine, flavourants, usually dissolved into propylene glycol and/or glycerine; but
(ii) does not contain tobacco; and
(b) includes –
(i) products marketed or known as electronic cigarettes or e-cigarettes, vapes, e-cigars, e-pipes and e-shisha; and
(ii) any device which produces the aerosol or vapour and any solution used in the device for producing the aerosol whether sold as one system or as separate components.
For the purpose of this review, we will use the term “e-cigarette” when referring to an “Electronic Nicotine Delivery System (ENDS).”
Tobacco Product
“Tobacco product”–
(a) means any product composed, in whole or in part, of –
(i) tobacco, including tobacco leaves or any extract; or
(ii) any mixture containing tobacco; and
(b) includes –
(i) cigarettes, bidis, cigars, cigarillos, little cigars, smokeless tobacco, Roll-Your-Own tobacco, pipe tobacco, waterpipe tobacco, green tobacco, leaf tobacco, heated tobacco products, cigarette papers, tubes or filters; and
(ii) electronic nicotine delivery systems, electronic non-nicotine delivery systems and other products containing nicotine and devices used for their consumption that may be used, manufactured or marketed to replace or imitate tobacco products; but
(c) does not include any product authorised for marketing and sale in Mauritius as a nicotine replacement therapy.
The law includes e-cigarettes within definition of a “tobacco product.” Therefore, the provisions of the law that apply to tobacco products will often apply to e-cigarettes as well.
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))
Smoke
“Smoke” means –
(a) to inhale, exhale, or be in possession or control of, an ignited or heated tobacco product or a tobacco product producing emissions for inhalation;
(b) emissions, such as an aerosol, produced by an ignited or heated tobacco product, or a tobacco product producing emissions by any means, as the context may require;
The definition of “smoke” is significant because it encompasses the use of e-cigarettes. The law defines e-cigarettes as a tobacco product and smoke includes inhaling and exhaling or being in possession of a tobacco product producing emissions. Therefore, the provisions prohibiting smoking in specified places apply to the use of e-cigarettes.
