Last updated: August 26, 2024

Key Terms

E-Cigarette

Term Defined
Definition

Tobacco and Primary Medical Services (Scotland) Act: (1) … a “[N]icotine vapour product” is –
(a) a device which is intended to enable the inhalation of nicotine containing vapour by an individual;
(b) a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a);
(c) an item which is intended to form part of a device within paragraph (a) or (b); and
(d) a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance).
(2) But the following are not nicotine vapour products—
(a) a tobacco product,
(b) a smoking related product,
(c) a medicinal product (within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916)),
(d) a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618)).

Tobacco and Related Products Regulations 2016: “Electronic cigarette” means a product that—
(a) can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges); and
(b) is not a medicinal product or medical device.

Analysis

“Nicotine vapour product” is the term used for e-cigarettes and all related equipment, including liquids, in the Tobacco and Primary Medical Services (Scotland) Act (as amended). “Electronic cigarette” is the term used for e-cigarettes in the Tobacco and Related Products Regulations 2016. E-cigarettes in Scotland are regulated under both instruments. 

For the purpose of this review, we will use the term "e-cigarette."

Emissions

Term Defined
Definition

“Emissions” means substances that are released when a tobacco product or related product is consumed as intended.

Ingredient

Term Defined
Definition

“Ingredient” means the tobacco, any additive, as well as any other substance or element present in a finished tobacco product or related product, including paper, filter, ink, capsules and adhesives.

Refill container

Term Defined
Definition

“Refill container” means a receptacle that—
(a) contains a nicotine-containing liquid, which can be used to refill an electronic cigarette; and
(b) is not a medicinal product or medical device.

Related product

Term Defined
Definition

“Related product” means a herbal product for smoking, an electronic cigarette or a refill container.