Last updated: August 28, 2024

Key Terms

E-Cigarette

Term Defined
Definition

“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

For the purpose of this review, we will use the term “e-cigarette” when referring to an “electronic 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.

Analysis

The definition of “related product” contained in the law is significant because it includes e-cigarettes. Therefore, any provision regulating related products applies to e-cigarettes.

Nicotine cartridge

Term Defined
Definition

“Nicotine cartridge” means a cartridge which—
(a) contains a substance which is not tobacco but consists of, or contains, nicotine, and
(b) is intended to form part of a nicotine inhaling device.

Nicotine inhaling device

Term Defined
Definition

“Nicotine inhaling device” means a device which—
(a) is intended to enable nicotine to be inhaled through a mouth piece (regardless of whether the device is also intended to enable any other substance to be inhaled through a mouth piece), but
(b) is not tobacco, cigarette papers or a device intended to be used for the consumption of lit tobacco.

Nicotine inhaling product

Term Defined
Definition

“Nicotine inhaling product” means a nicotine inhaling device, nicotine cartridge or nicotine refill substance.

Analysis

For the purpose of this review, we will use the term “e-cigarette” when referring to a “nicotine inhaling product.”

Nicotine product

Term Not Defined
Definition

“Nicotine product” means a product or description of product specified in regulations, but the following are not to be treated as being nicotine products— (a) tobacco; (b) cigarette papers; (c) any device which is intended to be used for the consumption of lit tobacco.

Analysis

For the purpose of this review, we will use the term “e-cigarette” when referring to a “nicotine product.”

Nicotine refill substance

Term Defined
Definition

“Nicotine refill substance” means a substance which—
(a) is not tobacco but consists of, or contains, nicotine, and
(b) is intended to be used to refill a nicotine inhaling device.