Last updated: March 6, 2020

Key Terms

Tobacco Product

Term Defined
Definition

Tobacco products: all products completely or partially made from tobacco leaf as a raw material, whether it is genetically modified or not, that are intended to be smoked, sucked, chewed or sniffed.

Analysis

The law’s definition aligns with the definition of “tobacco product” 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

Tobacco package: any kind of individual packaging, and any outer packaging used in the retail sale of tobacco products, except for transparent outer wrappings.

Analysis

The law’s definition of “tobacco package” aligns with the definition of “outside packaging and labeling” provided in FCTC Art. 11 because it encompasses all packaging used for retail sale. In addition, the Statutory Order defines the terms “primary packaging” and “secondary packaging” separately, although does not use these terms consistently throughout the law.

FCTC-Based Definition

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

Front Outside Surface

Term Defined
Definition

Front outside surface:
i) In relation to a cigarette pack, one of the two largest surfaces of the package that includes the front of the folding lid when there is one;
ii) In relation to a pouch, the surface that is folded over by the opening of the pouch; or
iii) For any other package of tobacco, one of the largest surfaces of the package.

Analysis

This term is significant because it clarifies what is considered the surface of the package that must display a health warning.

Back Outside Surface

Term Defined
Definition

Back outside surface: one of the two largest outside surfaces of the cigarette pack, which is diametrically opposite the Front outside surface; or for any other package of tobacco products, one of the largest surfaces other than the front one.

Analysis

This term is significant because it clarifies what is considered the surface of the package that must display a health warning.

Upper Outside Surface (on the top)

Term Defined
Definition

Upper outside surface (on the top): i) In relation to a cigarette pack, one of the smaller surfaces perpendicular to the outside front, back and lateral surfaces; ii) In relation to any other package of tobacco, the surface on the top of the package of tobacco. (if any).

Analysis

This term is significant because it clarifies what is considered the surface of the package that must display a health warning.

Upper Outside Surface (on the bottom)

Term Defined
Definition

Upper outside surface (on the bottom):
i) In relation to a cigarette pack, the surface diametrically opposite the upper outside surface;
ii) In relation to any other package of tobacco, the outside surface of the bottom of the package of tobacco. (if any).

Analysis

This term is significant because it clarifies what is considered the surface of the package that must display a health warning.

Lateral Outside Surface

Term Defined
Definition

Lateral outside surface: the two surfaces perpendicular to the front and back outside surfaces of the package of tobacco products, other than the surfaces of the top or the bottom.

Analysis

This term is significant because it clarifies what is considered the surface of the package that must display required information.