Last updated: December 15, 2020

Key Terms

E-Cigarette

Term Defined
Definition

“Electronic cigarette” means a product that can be used for consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges.

Analysis

The Public Health Act of 2023 defines "electronic cigarette" to have the same meaning as in Directive 2014/40/EU. The definition in Directive 2014/40/EU is provided here.

Refill Container

Term Defined
Definition

“Refill container” means a receptacle that contains a nicotine-containing liquid, which can be used to refill an electronic cigarette.

Analysis

Under Art. 2(2), a word which is used in the regulations and is also used in Directive 2014/40/EU has the same meaning in the regulations as it has in the directive. Therefore, the definition of “refill container” from Directive 2014/40/EU is provided here.

Nicotine Inhaling Product

Term Defined
Definition

“Nicotine inhaling product” means—
(a) an electronic cigarette, or
(b) any other product consisting of—
(i) a device (other than tobacco, cigarette paper or a device which is intended to enable the consumption of lit tobacco) which is intended to enable a relevant substance to be inhaled through a mouth piece (irrespective of whether the device would also enable any other substance to be so inhaled),
(ii) a cartridge which—
(I) may contain a relevant substance, and
(II) is intended to form part of a device that falls within subparagraph (i),
or
(iii) a relevant substance which is intended to be used in a device that falls within subparagraph (i).

Analysis

The definition of "nicotine inhaling product" is significant because it includes e-cigarettes.