Last updated: September 14, 2022
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires health warnings on all “packaging and external labeling.” “Packaging and labeling” is defined to include both unit and outside packaging and labeling. Therefore, health warnings are required on all unit packaging.
The law meets FCTC Art. 11 with respect to warning labels on unit packaging.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires health warnings on all “packaging and external labeling.” “Packaging and labeling” is defined to include both unit and outside packaging and labeling. Therefore, health warnings are required on all outside packaging.
The law meets FCTC Art. 11 with respect to warning labels on outside packaging.
Warning texts must be in the principal language(s) of the country
The law does not require that warning text appears in the principal language(s) of the country.
To meet FCTC Art. 11, the law should require warning text to appear 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
The law requires that health warnings not be obstructed by any means, except in cases of soft packs that require some support element in their assembly. This is interpreted as requiring that warnings not be placed where they may be permanently damaged or concealed when opening the pack.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to warnings not being damaged or concealed when opening the pack. For greater clarity, the law should specify that health warnings may not be placed where they may be permanently damaged or concealed when opening the pack.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law requires that health warnings not be obstructed by any means, except in cases of soft packs that require some support element in their assembly. This is interpreted as requiring that tax stamps or other required markings not be placed where they may conceal the health warnings.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages. For greater clarity, 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
Specific Regulation for the Administration of Law No. 3029 requires that the following phrase be printed on one lateral side of tobacco product packaging: “The smoke of each cigarette you smoke contains, among other toxins, tar, which is carcinogenic; nicotine, an addictive substance; carbon monoxide, a toxic gas found in car exhaust fumes; arsenic, a chemical used in rat poison.” Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under Law No. 1280, Supreme Decree No. 29376 and its implementing instruments are to remain in force so long as they are not contrary to Law No. 1280.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law prohibits descriptions of yield figures, numbers, or percentages about contents and emissions of any substance anywhere on the package or product, inside or outside it.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to the display of figures for emission yields on tobacco product packaging.
Plain or standardized packaging
Plain packaging of tobacco products is not required. 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)
Supreme Decree No. 29376 and Specific Regulation for the Administration of Law No. 3029 prohibit packaging and labeling that promotes a tobacco product by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. This includes the use of terms such as “light,” “smooth,” and “ultra light.” Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under Law No. 1280, these instruments are to remain in force so long as they are not contrary to Law No. 1280.
The law meets FCTC Art. 11 with respect to the use of terms, descriptors, or other signs that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.
