Last updated: January 14, 2021
Key Terms
Heated Tobacco Product
Heated tobacco products are interpreted to be “imitation tobacco products.”
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
Imitation Tobacco Product
“Imitation tobacco product” means any confectionery or other food product, or any toy, device or article that resembles, or is designed to resemble, a tobacco product; that is capable of being smoked; that may be used in such a way as to mimic the act of smoking; or the packaging of which resembles, or is designed to resemble, the packaging commonly associated with tobacco products.
“Imitation tobacco products” includes “any device or article” that resembles and/or has packaging commonly associated with tobacco products and/or “is capable of being smoked.” Taken together, and because emissions from heated tobacco products are tobacco smoke and heated tobacco product emissions are inhaled by users and drawn from the product through the process of sucking or smoking, heated tobacco products are interpreted to be “imitation tobacco products.”
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
Use
“Use”, in relation to any tobacco products, means, smoking, chewing, inhaling, ingesting or otherwise introducing the tobacco product or any of its constituents or emissions into the human body (whether by oral means or otherwise).
The definition of “use” is significant in the application of smoking restrictions to HTPs.
Advertisement
“Advertisement” includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation to the public or any section thereof or to any person or persons made—
(a) orally or in writing;
(b) by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;
(c) by means of producing or transmitting sound or light and whether for aural or visual reception or both;
(d) by means of any writing on any vehicle, ashtray, calendar, cigarette-lighter, clock or any other object or thing; or
(e) in any other manner whatsoever.
The definition of “advertisement” is significant in the application of advertising and promotion restrictions to HTPs.
Publish
“Publish”, in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner.
The definition of “publish” is significant in the application of advertising and promotion restrictions to HTPs.