Analysis
Health warnings on smokeless tobacco products are not specifically addressed in the regulations. Heath warnings, however, are required on most tobacco products which include smokeless items.
The regulations require imprinting the health warning on the top of the front and back wide faces of rectangular shaped packaging. For packaging with four faces of the same width (e.g., lipstick packs), the health warnings shall be on the front and back of the package. The warnings must cover 40% of the main faces on which they are required.
There are five different health warnings that must appear concurrently and be distributed equally across each tobacco product variation. (Note: non-taxable companies/entrepreneurs whose total production does not exceed 24 million sticks per year must rotate at least two of the five health warnings within a round.)
For cylindrical packages and boxes that have identical width on all sides, the regulations require imprinting clearly and prominently two identical health warnings covering 40% of the package.
According to the exemplar provided in the Annex to the regulations, cartons must bear five identical health warnings on the top and bottom of the package with measurements proportional to the size of the carton.
In addition to the warnings, the regulations require two descriptive health information statements to appear on the sides of the package. One of the sides must also display the levels of nicotine and tar.
The regulations meet FCTC Art. 11 because the health warnings occupy a minimum 30% of all principal display areas and are required to rotate. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the warnings should occupy 50% or more of principal display areas. In addition, the contents of the warnings to appear on smokeless tobacco products should pertain to the health effects of smokeless tobacco.
