Last updated: June 14, 2020
Key Terms
Tobacco Product
Tobacco products: products made wholly or partly of the leaf tobacco as raw material, and intended for smoking, sucking, chewing or snuffing.
The definition of “tobacco products” aligns with the definition contained 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
Although the law does not define “outside packaging and labeling,” it does provide individual definitions for “pack” and “carton” which, taken together, encompass packaging and labeling used in retail sale. Because outside packaging and labeling falls into other terms that are already defined, adopting a specific definition may not be strictly necessary, but advisable to ensure that the law applies to all packaging used in retail sale.
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))
Pack
Pack: refers to a container or receptacle or wrapping paper in which tobacco products are sold or displayed for retail purposes.
The definition of “pack” is relevant because the implementation order distinguishes between health warning requirements on packs and cartons.
Carton
Carton: refers to a container or receptacle or wrapping paper containing a number of packs in which tobacco products are sold or displayed for wholesale purposes.
The definition of “carton” is relevant because the implementation order distinguishes between health warning requirements on packs and cartons.
Front Surface of the Pack
Front surface of the pack: refers to the largest directly visible surface of the pack and the one that is most exposed.
The definition of “front surface of the pack” is relevant because the implementation order distinguishes between health warnings to appear on the front surface versus the rear surface of the pack.
Rear Surface of the Pack
Rear surface of the pack: refers to the largest directly visible surface of the pack and the one that is most exposed and on the opposite side from the front surface of the pack.
The definition of “rear surface of the pack” is relevant because the implementation order distinguishes between health warnings to appear on the front surface versus the rear surface of the pack.
Lateral Surface of the Pack
Lateral surface of the pack: refers to a surface of the pack seen from the side, exposed and visible between the front surface and the rear surface of the pack.
The definition of “lateral surface of the pack” is relevant because the implementation order identifies a statement that must appear on the lateral surface.
Front Surface of the Carton
Front surface of the carton: refers to the largest part of the carton that is directly visible and the most exposed.
The definition of “front surface of the carton” is relevant because the implementation order establishes requirements for health warnings to appear on the main surface of each carton.
Misleading Terms
Misleading terms: refers to any terms that are fallacious, tendentious, misleading or likely to give a false impression regarding the characteristics, effects on health, risks or emissions of products, including terms, descriptions, trademarks, figurative signs or any others that give a direct or indirect false impression that one particular tobacco product is less harmful than the others, for example, without limitation, terms such as “low in tar,” “light,” “ultra-light,” or “mild.”
The definition of “misleading terms” is important because it establishes the scope of the ban on misleading terms and other similar indicia (e.g., colors, numbers).
