Last updated: June 1, 2023
Heated Tobacco Product
“Heated tobacco product” –
(a) means a category of tobacco products, including products described, advertised or sold as “heat not burn” products, in which tobacco is heated in an electronic or similar device to produce aerosols containing nicotine and other chemicals, which are inhaled by the user; and
(b) includes the heating device, any component or part used with the device and any tobacco product intended for use with the device.
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.” The definition of HTP used in the law includes both tobacco inserts and devices.
(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 HTPs within the definition of “tobacco product.” Therefore, the provisions of the law that apply to tobacco products will often apply to HTPs as well.
“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 HTP emissions.