Last updated: January 12, 2021

Key Terms

Tobacco Product

Term Defined
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Definition

“Tobacco products” means cigarette, quid of tobacco, cigar, pipe, sulpha and kakkad, chewing tobacco (khaini), guthkha, tobacco leaves or similar types of products prepared or manufactured for smoking or for consumption.

Analysis

The definition of “tobacco products” in the law could potentially and unintentionally fail to cover a type of tobacco product not listed in the definition. For this reason, it is better to define tobacco products rather than list types of tobacco products. For this reason, “tobacco products” should be defined as provided in FCTC Art. 1(f) to ensure that all current and future tobacco products sold are covered.

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

“Label” means any sign, picture or an descriptive material written, printed, lithographed marked, included or indicated in any way on packets of tobacco products.

Analysis

The definition of “label” does not align with the definition of “outside packaging and labeling” provided in FCTC Art. 11 because it does not specify that it applies to all packaging used in retail sale. However, this does not affect the Directive’s compliance with FCTC Art. 11 because the directive, in Sec. 3, requires health warnings on both unit and outside packaging.

FCTC-Based Definition

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

Consumption of Tobacco

Term Defined
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Definition

“Consumption of tobacco” means any act to be used either by smoking, sucking, snuffing or consuming khaini, guthkha, tobacco or any other products to be put into mouth or to be snuffed.

Analysis

The definition of “consumption of tobacco” is significant because health warnings due to the harmful effect of “consumption of tobacco” are required. Thus, warnings are required on both smoked and smokeless tobacco products.