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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 (NO. 118, 2023) - SECT 73

Meaning of prohibited term

             (1)  A term listed in column 1 of an item of the following table, examples of which are given in column 2 of the item, is a prohibited term in relation to a brand name or variant name of a tobacco product.

 

Prohibited terms--brand names and variant names

Item

Column 1

Prohibited term

Column 2

Examples

1

A term that implies no harm or reduced harm

Low tar, light, lite, mild, ultra-light, ultra-lite

2

A term that refers to, or implies, a positive quality

Cool, extra, fresh, smooth, ultra

3

A colour

Black, blue, gold, red, white

4

A term that refers to a filter

Charcoal filter, firm filter, flo-filter, recessed filter

5

A non-alphabetical character (other than '&'), a numeral (in any form) or an ideograph

!, #, $, two or 2, iii or 3, fifty or L, J

6

A term that refers to, or implies, positive health effects

Organic, natural, additive-free

7

A term that suggests the inclusion of a prohibited ingredient

Caffeine, menthol, vitamin

 

Prohibited terms may be prescribed

             (2)  The regulations may prescribe a word or mark, in addition to those mentioned in subsection (1), to be a prohibited term for the purposes of this Act.

             (3)  Before regulations are made under subsection (2), the Minister must be satisfied that the word or mark, if used in a brand name or variant name of a tobacco product, would:

                     (a)  promote or be likely to promote:

                              (i)  smoking; or

                             (ii)  the product or the use of the product; or

                     (b)  promote the product by means that:

                              (i)  are false, misleading or deceptive; or

                             (ii)  are likely to create an erroneous impression about the product's characteristics, health effects, risks or emissions; or

                     (c)  directly or indirectly create an impression that the product is less harmful than other tobacco products.

             (4)  The prescription of a word or mark by the regulations as a prohibited term does not limit subsection (1).

Exception

             (5)  The name of a person who is a manufacturer, importer, distributor or retailer of regulated tobacco items is not a prohibited term .


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