Last updated: June 1, 2020

Key Terms

Tobacco Product

Term Not Defined
Analysis

The packaging and labeling requirements are specifically applied to the following enumerated tobacco products: cigarettes, cigars, pipe tobacco, shredded tobacco, chewing tobacco, and snuff tobacco.

In order to ensure comprehensive coverage of tobacco products entering the market, a definition of "tobacco product" should be provided in accordance with FCTC Art. 1(f).

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 Defined
Definition

Packaging refers to a container or package used solely for the purpose of selling cigarettes and other tobacco products; applicable hereinafter :

i. Smallest containers or packages.

ii. Containers or packages that include one or more of the smallest containers or packages (excluding transparent or near-transparent containers or packages made of plastic or other materials; also applicable to Item iii).

iii. Containers or packages that include one or more containers or packages stipulated in Item ii (including containers or packages that include one or more containers or packages described in Item iii).

Analysis

The definition of “package” incorporates some key elements of the FCTC Art. 11(4) definition of “outside packaging and labeling” in that it covers any container used in retail sale, and, in this case, “sales to consumers,” of the product.

FCTC-Based Definition

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