Last updated: May 23, 2022
Key Terms
Tobacco Product
"Tobacco products" means products entirely or partly made of leaf tobacco as raw material, which are manufactured to be used for smoking, sucking, chewing or snuffing, or by any other means of consumption.
The definition of "tobacco products" in the law aligns with the definition provided 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
"Tobacco product package" means the packet and package of tobacco products and any outside packaging and labelling of tobacco products for sale and distribution in the domestic market, importation, trade, exchange, or for exhibition, such as, but not limited to, packs, tins, boxes, pouches, flip-tops, slide and shell packages, cartons, packages containing one (1) product unit, or other containers of tobacco products containing the logo or trademark of the tobacco companies, primarily intended for consumers or for retail sale: Provided That for mastercases that contain the logo or trademark of tobacco brands, such mastercases shall contain the textual health warning "SMOKING KILLS" which shall be printed in the same single color and in bold print as the trademark logo: Provided, further, That textual health warnings shall be of equal prominence and visibility as the logo or trademark of tobacco companies. Such textual warnings on the mastercase shall occupy not more than fifty percent (50%) of each principal display panel of the mastercase.
"Outside packaging and labelling" refers to any external packaging or labelling that contains tobacco products or packages, other than a mastercase, including, but not limited to, packaging that contains a set of tobacco product packages, such as a ream/carton.
The definition of "outside packaging and labeling" aligns with the definition provided for in FCTC Art. 11(4).
Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))
Principal Display Surface
"Principal display surface" means:
(1) In the case of a package and carton that has at least two equal sized sides or surfaces, other than the top and bottom, that may be displayed or visible under normal or customary conditions of sale or use, the areas of each of the two largest surfaces;
(2) In the case of a spherical, cylindrical or conical container of tobacco products, the two largest surfaces that are predominantly displayed; and
(3) In the case of a package and carton that do not have a particular side or surface that is predominantly displayed or visible under normal or customary conditions of sale or use or those that are not described under subsections 1 and 2, fifty percent (50%) of the three dominant sides or the total surface thereof, whichever is bigger, which will ensure that the Graphic Health Warnings are visibly shown.
The definition of “principal display surface” provides requirements on where pictorial health warnings must be placed on different shaped packaging.
