Last updated: September 11, 2023
The law does not contain a definition of “tobacco products.” The regulations on packaging pertain to cigarettes only, and not to all tobacco products. While a definition of “tobacco products” is not needed to interpret the regulations, the failure to define this key term and apply packaging and labeling provisions to all tobacco products impedes compliance with FCTC Art. 11.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should contain a definition of “tobacco products” in accordance with the definition provided in FCTC Art. 1(f).
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
Packaging: packs, cartons, packages, cans and any other vessel for containing products for the consumer market.
The definition of “packaging” contained in Resolution No. 004 of 2014 aligns with the definition of “outside packaging and labeling” provided in FCTC Art. 11 because it pertains to any packaging used in retail sale.
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))
Pack: package or container that constitutes the smallest unit of cigarettes produced for consumption.
The definition of “pack” is significant because the term is contained within the definition of “packaging,” and therefore “packaging” includes “packs.”