Last updated: August 8, 2022
Key Terms
Tobacco Product
Smoking product:
(a) a conventional smoking product; or
(b) an alternative smoking product.
Conventional smoking product: any cigarette, cigarette tobacco, cigar or pipe tobacco.
Alternative smoking product: a product set out in Part 2 of Schedule 7.
Tobacco product: any cigarette, cigarette tobacco, cigar or pipe tobacco.
Tobacco product: any cigarette, cigarette tobacco, cigar or pipe tobacco.
The law defines the terms "smoking product," "conventional smoking product," and "alternative smoking product." These definitions are narrower than the FCTC definition of "tobacco product" because they encompass only the listed types of tobacco products. They do not encompass smokeless tobacco products nor other types of smokeable tobacco products, such as bidis, that may not yet be common in Hong Kong.
A definition of “tobacco product” should be provided in accordance with 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
Retail container:
(a) in relation to any cigarette, means a container suitable for the retail marketing of cigarette packets; or
(b) in relation to any cigar, pipe tobacco or cigarette tobacco, means a container suitable for the retail marketing of cigar, pipe tobacco or cigarette tobacco.
The law defines “retail container” rather than “outside packaging and labeling.” However, the effect, requiring labeling on tobacco product packages sold at retail, is the same. The definition aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))
