Last updated: January 19, 2024
Key Terms
Heated Tobacco Product
“Heated tobacco product” means a smokeless tobacco product that has a device that uses or facilitates the use of heat to aerosolise nicotine from tobacco leaf directly.
The definition of “heated tobacco product” encompasses both devices and tobacco inserts, which, by definition, are both included as “smokeless tobacco products.”
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
Notifiable product
“Notifiable product” means a—
(a) vaping product;
(b) smokeless tobacco product;
(c) a herbal smoking product; or
(d) any other regulated product (other than a smoked tobacco product) declared by regulations to be a notifiable product.
The definition of “notifiable product” includes a “smokeless tobacco product,” which, by definition, includes both devices and tobacco inserts. This definition is significant for the application of flavor restrictions and disclosure and notification requirements to HTPs.
Regulated product
“Regulated product” means a tobacco product, vaping product, or herbal smoking product.
The definition of “regulated products” includes “tobacco products.” The definition of “tobacco products” include “smokeless tobacco products.” Devices and tobacco inserts are a form of “smokeless tobacco products” and therefore, devices and tobacco inserts are “regulated products.” This definition is significant for the application of advertising, promotion and sponsorship, and sales restrictions to HTPs.
Smokeless tobacco product
“Smokeless tobacco product” means a tobacco product that is intended to be used in a way that does not involve ignition or the combustion process.
This definition is significant because a “heated tobacco product,” which refers to both devices and tobacco inserts, is a “smokeless tobacco product.”
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
To vape or vaping
“To vape” means to inhale using a vaping device or a heated tobacco product, and “vaping” has a corresponding meaning.
The definition of “to vape” or “vaping” is significant for the application of smoking restrictions to HTPs in public places, workplaces and on public transport.
Tobacco product
“Tobacco product” means any product manufactured from tobacco and intended for use by smoking, inhalation, or mastication; and includes nasal and oral snuff; but does not include any medicine (being a medicine in respect of which there is in force a consent or provisional consent given under section 20 or section 23 of the Medicines Act 1981) that is sold or supplied wholly or principally for use as an aid in giving up smoking.
The definition of “tobacco product” is significant because it is a “regulated product.” Also, “smokeless tobacco products,” which by definition include both devices and tobacco inserts are “tobacco products.” This definition is significant for the application of advertising, promotion and sponsorship, and sales restrictions to HTPs.