BACKGROUND:The rapid evolution and proliferation of nicotine-containing products, including e-cigarettes, challenge tobacco control regulation. This study examines how legislative definitions of tobacco products in countries of the WHO Western Pacific Region (WPR) address nicotine-containing products.
METHODS:A qualitative comparative analysis of laws from 24 of 27 countries in the WHO WPR was conducted in November 2024. Definitions of 'tobacco products' were categorized by reference to ingredients and nicotine delivery methods (e.g., smoking, chewing, snuffing, inhaling). Related terms, such as tobacco, electronic nicotine delivery systems (ENDS), and imitation tobacco products, were analyzed to identify regulatory gaps in addressing nicotine products alongside comprehensive tobacco control.
RESULTS:Of the 24 countries, 83.3% (n=20) define tobacco products with reference to the tobacco plant, with ten specifically referencing tobacco leaves, leaving gaps for products with nicotine from other parts of the plant or synthetic sources. Six countries extend 'tobacco product' definitions to nicotine products, but two limit this to tobacco-derived nicotine. Four adopt broader definitions covering nicotine products regardless of source. Three countries explicitly classify ENDS as tobacco products but no other nicotine products, such as nicotine pouches. Methods of use are specified in eight countries (37.5%), but three omit inhaling, leaving potential loopholes for products marketed as suitable for inhalation. Eight countries regulate e-cigarettes using terms separate from tobacco product, such as vaping product or imitation tobacco product, with their ability to address e-cigarettes depending on how tobacco control measures apply to these separate categories.
CONCLUSIONS:Current definitions often fail to encompass all tobacco and nicotine products. A broader definition addressing nicotine delivery by any means and including substances, such as synthetic nicotine and new substances designed to simulate tobacco and nicotine product use, is critical for futureproofing regulations. This analysis provides insights to strengthen tobacco control laws and combat tobacco and nicotine addiction more effectively.