The difference in formation process between binary stars and planetary
systems is reflected in their composition, as well as orbital archite
cture, particularly in their orbital eccentricity as a function of orb
ital period. It is suggested here that this difference can be used as
an observational criterion to distinguish between brown dwarfs and pla
nets. Application of the orbital criterion suggests that, with three p
ossible exceptions, all of the recently discovered substellar companio
ns may be brown dwarfs and not planets. These criterion may be used as
a guide for interpretation of the nature of substellar-mass companion
s to stars in the future.