LANGUAGE
Last updated: January 14th 2021

Regulated Contents in Cigarettes

Regulatory Authority

Are contents and/or ingredients of cigarettes regulated?

Yes
Regulatory Authority:

Ministry of Health and Medical Services

Analysis

The law provides that the Minister of Health has the authority to specify controls on the content of tobacco products or the setting of product standards, including the minimum for any identified addictive constituents. Regulations provide that the Minister of Health can make a declaration to prohibit the sale or distribution of a tobacco product if the tobacco product has (a) a distinctive fruity, sweet, or confectionery-like character; (b) a spicy or herb-like flavor; or (c) any other flavor which, in the opinion of the Minister, is likely to appeal to a child. However, no such declarations have been made to date.

In addition, regulations prohibit any tobacco product that contains inks or pigments with certain exceptions.

Law Source, Section
Articles 18, 41(1)(l)

Are cigarette emissions regulated?

No
Regulatory Authority:

Ministry of Health and Medical Services

Analysis

The law prescribes tar, nicotine, and carbon monoxide as toxic constituents which are subject to testing, reporting, and warning requirements. In addition, the law states that any person who manufactures, distributes, sells, imports, or exports any tobacco product that does not comply with any requirement regulating the level of acceptable emissions from combusted tobacco products commits an offense. However, the law does not presently establish maximum limits for cigarette emissions.

Regulations also provide that the Minister of Health can make a declaration to prohibit the sale or distribution of a tobacco product if the Minister is satisfied that the smoke of the product has - (a) a distinctive fruity, sweet, or confectionery-like character; or (b) a spicy or herb-like flavor; or (c) any other flavor which, in the opinion of the Minister, is likely to appeal to a child.

Law Source, Section
Status of Regulated Ingredients in Cigarettes

Sugars and sweeteners

Allowed

Examples of sugars and sweeteners include: glucose, molasses, honey and sorbitol.

Analysis

The law authorizes the Minister of Health to make a declaration to prohibit the sale or distribution of a tobacco product if the tobacco product or its smoke has a distinctive sweet or confectionery-like character. However, such a declaration has not yet been issued. Therefore, the use of sugars and sweeteners in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit or restrict the use of ingredients used to increase palatability such as sugars and sweeteners in cigarettes.

Law Source, Section

Menthol, mint or spearmint (including analogues and derivatives)

Allowed
Analysis

Regulations provide that the Minister of Health can make a declaration to prohibit the sale or distribution of a tobacco product if the tobacco product or its smoke has a spicy or herb-like flavor. However, such a declaration has not yet been issued. Therefore, the use menthol, mint, or spearmint in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit or restrict the use of ingredients used to increase palatability such as menthol, mint, or spearmint in cigarettes.

Law Source, Section

Spices and herbs (excluding mint)

Allowed

Examples include: cinnamon and ginger.

Analysis

Regulations provide that the Minister of Health can make a declaration to prohibit the sale or distribution of a tobacco product if the tobacco product or its smoke has a spicy or herb-like flavor. However, such a declaration has not yet been issued. Therefore, the use of spices and herbs (excluding mint) in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as spices and herbs (excluding mint) in cigarettes.

Law Source, Section

Other flavorings (not covered above)

Allowed

Includes fruit flavorings. Examples of flavoring substances include benzaldehyde, maltol and vanillin.

Analysis

Regulations provide that the Minister of Health can make a declaration to prohibit the sale or distribution of a tobacco product if the tobacco product or its smoke has a distinctive fruity flavor or a flavor which likely to appeal to a child. However, such a declaration has not yet been issued. Therefore, the use of other flavorings (not covered above) in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit or restrict the use of ingredients used to increase palatability such as other flavorings (not covered above) in cigarettes.

Law Source, Section

Ingredients that facilitate nicotine uptake

Allowed

Examples include: ammonia.

Analysis

The law authorizes the Minister of Health to issue regulations of contents and ingredients; however, the current regulations do not address the use of ingredients that facilitate nicotine uptake. Therefore, the use of such ingredients in cigarettes is allowed.

To further FCTC Arts. 5.2 and 9, the law or regulations should regulate ingredients that facilitate nicotine uptake, such as ammonia.

Law Source, Section

Ingredients which may create an impression of health benefits

Allowed

Examples include: vitamins, such as vitamin C and vitamin E, fruit and vegetables (and products resulting from their processing such as fruit juices), amino acids, such as cysteine and tryptophan, and essential fatty acids such as omega-3 and omega-6.

Analysis

The law authorizes the Minister of Health to issue regulations of contents and ingredients; however, the current regulations do not address the use of ingredients that may create an impression of health benefits. Therefore, the use of such ingredients in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit the use of ingredients in cigarettes that may create an impression of health benefits.

Law Source, Section

Ingredients associated with energy and vitality

Allowed

Examples include: caffeine, guarana, taurine and glucuronolactone.

Analysis

The law authorizes the Minister of Health to issue regulations of contents and ingredients; however, the current regulations do not address the use of ingredients associated with energy and vitality. Therefore, the use of such ingredients in cigarettes is allowed.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit the use of ingredients in cigarettes that are associated with energy and vitality.

Law Source, Section

Coloring agents

Some Restrictions
Analysis

The law prohibits the sale of any tobacco product that contains inks or pigments unless the inks or pigments (a) are used to resemble a cork tip; or (b) are used to print a brand name of the distributor or other manufacturer once on the tobacco product only.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law restricts coloring agents, which make cigarettes more attractive to consumers.

Law Source, Section