Last updated: February 26, 2024

Key Terms

Tobacco Product

Term Defined
Definition

“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.

Analysis

The definition of “tobacco product” in the law aligns with the definition of “tobacco product” in FCTC Art. 1(f). The definition includes an extensive list of tobacco products and includes heated tobacco products and electronic nicotine delivery systems (e-cigarettes) and other products containing nicotine and their devices.

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

“Package” –

(a) means any covering, wrapper, container, pack, pouch, tin or other enclosure that contains a tobacco product, or cartons, containers or other enclosures which contain tobacco products and in which tobacco products are customarily sold in retail; and

(b) includes any label, sticker and other written or graphic information on or in it.

Analysis

The definition of “package” in the law aligns with the definition of “outside packaging and labeling” 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))

Unit Package

Term Defined
Definition

“Unit package” means the smallest package of a tobacco product available for retail sale.

Analysis

The definition of “unit package” is relevant because combined health warnings are required on the unit packaging of tobacco products.

Outer Packaging

Term Defined
Definition

“Outer packaging” –
(a) means any package of tobacco products sold to the consumer; and
(b) includes one or more unit packages; but
(c) does not include transparent package.

Analysis

The definition of “outer packaging” is relevant because some packaging and labeling requirements apply to outer packaging.

Outer Surface

Term Defined
Definition

“Outer surface” means, in respect of –
(a) unit packages and outer packaging of tobacco products; and
(b) tobacco products in pouch packaging,
any visible surface and any surface covered by the flap, before the package is opened.

Analysis

The definition of “outer surface” is relevant because some packaging and labeling requirements apply to outer surfaces.

Inner Surface

Term Defined
Definition

“Inner surface” means the part of the tobacco package which is not covered by outer surfaces.

Analysis

The definition of “inner surface” is relevant because some packaging and labeling requirements apply to inner surfaces.