Last updated: September 17, 2019

Key Terms

Tobacco Product

Term Defined

Tobacco products: any products made of tobacco, like cigarettes, cigars, cigarillos, pipe tobacco, mahorka tobacco, and other containing tobacco or its components, excluding medicinal products containing tobacco.

Smokeless tobacco products: tobacco products for sniffing (snuff), sucking, chewing or other way of introducing tobacco to the body, excluding medicinal products containing tobacco.


Article 2 of the Protection of Health Act provides definitions of “tobacco products” (which applies to smoked tobacco products) and “smokeless tobacco products.” Together, these definitions align with and are broader than the definition of “tobacco product” contained in the FCTC in that they do not require tobacco leaf as a component. Specifically, the definition of “tobacco products” in the Act includes products that contain tobacco “or its constituents.” Thus, the Act’s definition includes products such as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco).

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 Not Defined

The law does not contain a definition of “outside packaging and labeling.” A definition is not strictly necessary to interpret the law and regulations because the regulation uses the terms “unit packaging” and “bulk packaging,” rather than “outside packaging and labeling.” However, the law does not contain a definition of “unit packaging” or “bulk packaging” either. Failure to define this key term(s) may hinder enforcement of the provisions requiring health warnings on all unit and outside/bulk packaging.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should contain a definition of “outside packaging and labeling,” or similar term, in accordance with the definition provided by the FCTC.

FCTC-Based Definition

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