Last updated: January 19, 2024
Key Terms
E-Cigarette
“Vaping product” means any of the following:
(a) a vaping device;
(b) a vaping substance;
(c) any 1 or more components of a vaping device;
(d) a package containing 2 or more items described in any of paragraphs (a) to (c).
For the purpose of this review, we will use the term “e-cigarette” when referring to a “vaping product.”
Vaping device
“Vaping device” means a device that—
(a) vaporizes or aerosolizes a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and
(b) is sold as a complete unit or to be assembled from individual components.
To vape
“To vape” means to inhale using a vaping device or a heated tobacco product, and “vaping” has a corresponding meaning.
For the purpose of this review, we will use the term “use of e-cigarettes” when referring to “vaping.”
Vaping substance
“Vaping substance”
(a) means a substance or mixture of substances that is intended to be vaporized or aerosolized with a vaping device; but
(b) does not include a medicinal cannabis product within the meaning of regulation 4 of the Misuse of Drugs (Medicinal Cannabis) Regulations 2019 or a CBD product within the meaning of section 2A of the Misuse of Drugs Act 1975; and
(c) does not include a heated tobacco product.
For the purpose of this review, we will use the term “e-liquid” when referring to a “vaping substance.”
Regulated product
“Regulated product” means a tobacco product, vaping product, or herbal smoking product.
Regulated product advertisement
“Regulated product advertisement” —
(a) means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pictorial representation, design, or device, used to—
(i) encourage the use of a regulated product; or
(ii) notify the availability of a regulated product; or
(iii) promote the sale of a regulated product; or (iv) promote smoking or vaping behavior; and
(b) includes—
(i) any trade circular, any label, and any advertisement in any trade journal; and
(ii) any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valuable thing is given, to any person; and (iii) the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the company name or any part of it is used as, or is included in, a regulated product trade mark,—
and advertising has a corresponding meaning.
Activate
“Activate” means, in relation to a vaping device, to turn on the vaping device so that it can be used to vape.
Deactivate
“Deactivate” means, in relation to a vaping device, to turn off a vaping device so that it cannot be used to vape.
Refilling
“Refilling” means, in relation to a vaping device, adding a vaping substance or heated tobacco product to a device so that it can be vaped, whether adding it directly or by using a pod, cartridge, or similar storage container.
Reusable vaping device
“Reusable vaping device” means a vaping device other than a single-use vaping device.
Single-use vaping device
“Single-use vaping device” means a vaping device that is pre-filled with a vaping substance or heated tobacco product and that is not designed to be refilled once used.