Analysis
One of 10 text messages and images must occupy 50% of principal display areas. The image, which includes some text, must appear on the lower 50% of the front of the package and the accompanying text-only message must appear on the lower 50% of the back of the package. The text-only message must appear in a black rectangular border, in black letters on a white background. For cylindrical packages, the image must occupy 25% of the surface area and the text must occupy 25% of the surface area.
The 10 mandated health warnings must each appear with equal frequency on tobacco product packages, evenly distributed throughout the country. The list of 10 health warnings must be updated by the Ministry of Health between every 12 to 24 months.
Fifty percent (50%) of one side of the package must contain information on smoking cessation services, including a phone number and a web address. This information is to appear in a black rectangular border, in black letters on a white background. If the container has no lateral sides, the information must occupy at least six percent (6%) of the packaging’s surface area.
The content of the 10 mandated text warnings are not specific to smokeless tobacco products. Indeed all warnings refer to “smoking.” Although smokeless tobacco products are not common in Argentina, they are not prohibited, and therefore the warning requirements apply.
The meets FCTC Art. 11 with respect to the size and rotation of the health warnings. However, to fully align with FCTC Art. 11 and FCTC Art. 11 Guideline para. 36, the content of the text messages should be specific to smokeless tobacco for smokeless tobacco product packaging. In addition, the law could more closely align with the FCTC Art. 11 Guidelines if it required pictorial warnings to be displayed on both principal display areas rather than just one principal display area, as suggested in para. 14 of the Guidelines.
