Last updated: February 3, 2020

Other Packaging and Labeling Requirements

Warning requirements on unit packaging and labeling (e.g., packs)

Yes
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Analysis

Article 10 of Law 26687 requires health warnings on all tobacco product packaging. Tobacco product packaging is defined in Art. 4 of the law as all packaging used for retail sale. Therefore, warnings are required on all unit packaging and labeling.

The law meets FCTC Art. 11 with respect to health warnings on unit packaging.

Warning/messages required on outside packaging and labeling (e.g., cartons)

Yes
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Analysis

Article 10 of Law 26687 requires health warnings on all tobacco product packaging. Tobacco product packaging is defined in Art. 4 of the law as all packaging used for retail sale. Therefore, warnings are required on all outside packaging and labeling.

The law meets FCTC Art. 11 with respect to health warnings on outside packaging.

Warning texts must be in the principal language(s) of the country

Yes
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Analysis

The law requires that health warnings contain the text listed in the law. The text in the law and in the graphic standard on packaging is in Spanish. Therefore, health warnings must appear in Spanish, the principal language of Argentina.

The law meets FCTC Art. 11 with respect to warning in the principal language of the country.

A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack

Yes
Analysis

Decree 602 prohibits "partitions or inner surfaces that modify the outside of the package and prevent, reduce, hinder or dilute the view of the messages, images or information required by this law." This provision is interpreted as prohibiting placement of messages in a way that they may be damaged or concealed when opening the pack.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages

Yes
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Analysis

Law 26687 explicitly requires that nothing may be placed on the packaging “with the purpose of impeding, reducing, obstructing or diluting the view of the messages, images or information.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

A requirement to display qualitative (descriptive) constituents and emissions messages

No
Analysis

The law does not require qualitative constituent and emissions messages. FCTC Art. 11 Guidelines para. 33 provides: “Parties should require that relevant qualitative statements be displayed on each unit packet or package about the emissions of the tobacco product. Examples of such statements include ‘smoke from these cigarettes contains benzene, a known cancer-causing substance’ and ‘smoking exposes you to more than 60 cancer-causing chemicals’.”

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituent and emissions statements on tobacco product packaging, in accordance with para. 33.

Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)

Yes
Analysis

Resolution 143/2022 prohibits the inclusion of emission yields on product packaging.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively prohibit the display of figures for emission yields.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Argentina. The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images, or other promotional information on packaging other than brand and product names displayed in a standard color and font style. Plain packaging aims to reduce the appeal of tobacco products, to increase the noticeability of health warnings, and to reduce the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.

Prohibition on misleading tobacco packaging & labeling including terms, descriptors, trademarks, figurative or other signs (logos, colors, images that directly create a false impression that a tobacco product is less harmful than other tobacco products)

Yes
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Analysis

Law 26687 prohibits the use of terms “such as ‘Light’, ‘Smooth’, ‘Milds’, ‘Low in Nicotine and Tar Content’, or similar terms” as well as other descriptive elements, figurative symbols, or phrases which may have the direct or indirect effect of creating a false impression that a particular tobacco product is less harmful than another or that may lead to error with respect to its characteristics, effects on health, risks, or emissions. In addition, Decree 602 prohibits statements that may suggest the product is regulated or inspected by the Ministry of Health or other government agency in a way that may give a false impression about the products’ health effects, risk, or emissions.

The law meets FCTC Art. 11 with respect to a prohibition on misleading terms, descriptors, trademarks, and figurative or other signs.