Last updated: September 18, 2019

Key Terms

Tobacco Product

Term Defined
Definition

“Tobacco product” means tobacco leaves, extract of tobacco leaves cigarettes, cigars, cigarirus, handrolling tobacco and includes other smoking tobacco products such as, pipe tobacco, fine tobacco and any chewing tobacco which is manufactured whole or partly from tobacco or any substance used as a substitute of tobacco.

Analysis

The definition of “tobacco product” contained in the Tobacco Products Act could be strengthened by also covering tobacco products intended for snuffing. The Act should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1(f).

FCTC-Based Definition

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

Term Defined
Definition

“Package” means a container, receptacle or wrapper in which a tobacco product is sold.

Analysis

The definition of “package” in the Tobacco Products Act (TPA) does not align with the definition of “outside packaging and labeling” in FCTC Art. 11(4). It is unclear from the definition of “package” whether the definition encompasses all packaging used in retail sale of tobacco products. Specifically, it is unclear whether the definition encompasses outside packing used to contain multiple tobacco product unit packages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the TPA should contain a definition of “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11.

FCTC-Based Definition

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))