Last updated: February 11, 2024
Key Terms
E-Cigarette
For the purpose of this review, we will use the term "e-cigarette" when referring to an "electronic cigarette."
Tobacco product
“Tobacco product” means products made entirely or partly from tobacco leaves and other products that contain nicotine, which is toxic and addictive.
The definition of “tobacco product” is significant because it encompasses e-cigarettes. In addition, Art. 47 of the law prohibits the use of new forms of tobacco products, including e-cigarettes.
Tobacco use
“Tobacco use” means smoking, chewing, blowing, smelling, sucking, inhaling, eating, spreading, fumigating, spraying into the mouth or nose, or using other means that produce smoke, vapor, aerosol, or other substances.
The definition of “tobacco use” is significant because it includes the use of e-cigarettes. Because the definition of “tobacco use” includes “sucking,” “inhaling,” or “using other means that produce … vapor [or] aerosol,” the use of e-cigarettes falls within the definition of “tobacco use.”
Imitation tobacco product
“Imitation tobacco product” means a product that is similar to a tobacco product.
Business operator
“Business operator” means a manufacturer, importer, exporter, wholesaler, distributor or retailer of tobacco products.
Because the definition of “tobacco product” encompasses e-cigarettes, “business operators” are interpreted to include those e-cigarette manufacturers, importers, exporters, wholesalers, distributors, and retailers. Therefore, obligations assigned to tobacco manufacturers, for example, would also apply to e-cigarette manufacturers.
Sponsorship from the tobacco industry
“Sponsorship from the tobacco industry” means all types of direct and indirect support through any activity or means e.g. sponsorship for education, sport, art, culture, medical equipment, research, analysis, agriculture, livestock, or corporate social responsibility to encourage/promote the sale and use of tobacco products.
Because the definition of “tobacco product” encompasses e-cigarettes, the definition of “sponsorship from the tobacco industry” is interpreted to include e-cigarette sponsorship.
Advertising of tobacco products
“Advertising of tobacco products” means an act undertaken by any direct or indirect means aiming to encourage, provide incentives for, or promote the purchase/use of a tobacco product through persons, printing, television, radio, cinema, electronic media, video, telephone, billboards, posters, picture exhibitions, tobacco product displays at the point of sale, social activities, or other means.
Because the definition of “tobacco product” encompasses e-cigarettes, the definition of “advertising of tobacco products” is interpreted to include e-cigarette advertising.