Last updated: February 26, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The regulations require a health warning on every "container" of tobacco products. Container is defined as including "a box, tin or packet" and therefore it is clear 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 regulations require a health warning on every "container" of tobacco products. Container is defined as including "a box, tin or packet." This definition is interpreted as intended to include cartons and other forms of outside packaging used in retail sale.
Therefore, the law meets FCTC Art. 11 in this respect. However, the regulations would be clearer if the definition of "container" specifically states that all packaging used at retail sale is included.
Warning texts must be in the principal language(s) of the country
The regulations require health warnings in both English and Malay on all tobacco product containers.
The law meets FCTC Art. 11 with respect to warnings 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 regulations require that warnings be printed "in a manner that ensures that when the container is opened or closed in the normal way, no portion of the warning is severed, obliterated or becomes unreadable."
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 regulations do not specifically state that tax stamps or other required markings may not be placed where they may conceal health warnings and messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specifically require that tax stamps or other required markings may not be placed where they may conceal warnings or messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
The 2012 Labelling Regulations, which amend the 2007 Labelling Regulations, require the following qualitative constituents and emissions disclosure to be printed on the side of smoked tobacco product packages: "THIS PRODUCT CONTAINS NICOTINE AND TAR WHICH CAUSE ADDICTION AND IS DANGEROUS TO HEALTH" and "PRODUK INI MENGANDUNGI NIKOTINA DAN TAR YANG MENYEBABKAN KETAGIHAN DAN MEMBAHAYAKAN KESIHATAN".
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituents and emissions disclosures.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not require, but also does not prohibit, the display of figures for emission yields on packaging.
To fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields on packaging and labeling.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Brunei. 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 does not prohibit misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs.
To meet FCTC Art. 11, the law should prohibit such misleading tobacco product packaging and labeling.
