Document ID: chunk:federal_register_of_legislation:C2025C00142:section:7
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 7
Character Range: 101194–102492

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.

Part 3.3—Tobacco product requirements

Division 1—Plain packaging requirements