Last updated: July 21, 2021
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires a health warning on every “package” of tobacco products. “Package” is defined as including “any covering, wrapper, box, container, carton or other enclosure” such as “a box, carton, cylinder, packet, pouch or tin.” Therefore, it is interpreted that unit packaging must contain a health warning.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires a health warning on every “package” of tobacco products. “Package” is defined as including “any covering, wrapper, box, container, carton or other enclosure” such as “a box, carton, cylinder, packet, pouch or tin.” Therefore, it is interpreted to include outside packaging used in retail sale.
The law meets FCTC Art. 11 with respect to warning labels on outside packaging and labeling. For better clarity, though, the law should define “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11(4).
Warning texts must be in the principal language(s) of the country
The law prohibits the sale of tobacco products without “labelling information” in English. The law does not define “labelling information,” nor does it specify that the warning text must be in English. However, for purposes of this analysis, this provision is interpreted as a requirement that the warning text must be in English.
The law meets FCTC Art. 11 with respect to requiring warning text to be in the principal language of the country. For greater clarity, the law should specify that the text of health warnings must be English.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The law requires that the health warning be placed “in such a way that the warning is not damaged when the package is opened.”
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
The law prohibits the sale of tobacco products “with its health warning covered or obscured,” which is interpreted as requiring that tax stamps or other required markings not be placed where they may conceal health warnings or messages.
Thus, the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect. For greater clarity, however, the law should affirmatively prohibit tax stamps and other required markings from being placed where they may conceal health warnings.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require the display of qualitative (descriptive) constituents and emissions messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit the display of figures for emission yields.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields on product packaging because they can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not currently required in Bermuda. However, the law includes provisions that allow the Minister of Health to make regulations “as may appear … necessary or desirable for the purpose of th[e] Act.”
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)
The law prohibits false, misleading, or deceptive information on tobacco product packaging, including the use of terms, descriptors, trademarks, or figurative or other signs that directly or indirectly create a false impression about the product’s characteristics or health effects. The law also prohibits the same to suggest or imply that the product is less harmful than other tobacco products.
Thus, the law meets FCTC Art. 11 with respect to prohibiting misleading terms and other indicia on all tobacco packaging and labeling.
