Canada

The regulations require health warnings and other information on all tobacco product packages sold at retail, including unit packages and cartons.

These provisions meet FCTC Art. 11 with regard to warning requirements on unit packaging.

The regulations require health warnings and other information on all tobacco product packages sold at retail, including unit packages and cartons.

These provisions meet FCTC Art. 11 with regard to warning requirements on outside packaging.

The regulations require health warnings and other information to be displayed in both English and French.

These provisions meet FCTC Art. 11 with regard to warning texts being in the principal language of the country.

The regulations require that the health warnings be placed in a manner such that the words are not severed upon opening the package.

This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

The Stamping and Marking of Tobacco Products Regulations state that tax stamps should be placed “in a manner that does not obstruct any information that is required by or under an Act of Parliament to appear on the package.” Health warnings are required under an Act of Parliament and, therefore, tax stamps may not be placed where they may conceal or obscure health warnings.

In addition, the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) prohibit any component of a labeling element from being “concealed or obscured, except partially” by an excise stamp or by tear tape required under provincial legislation. By definition, a “labelling element” includes health warnings, health information messages, and toxic emissions statements. However, the regulations limit the extent to which a stamp may partially cover a labeling element, stating: “A labelling element may be concealed only by an excise stamp but to the least extent possible and to a maximum surface area of 180mm2. In that case, the labelling element must be adapted in accordance with section 10 so that no component is concealed by the excise stamp.” This is interpreted as providing sufficient protection to ensure the visibility of the health warnings. Such additional protection is only provided for packages of cigarettes and little cigars because the health warnings must occupy 75% of each principal display area (front and back). Generally, warnings on other tobacco products must occupy 50% of each principal display area. Therefore, there is no protection for the warning provided in addition to the language contained in the Stamping and Marking of Tobacco Products Regulations.

Accordingly, the law aligns with the requirements of FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to placement of excise stamps on tobacco product packaging.

Toxic emissions statements are required on all tobacco product packaging. On all packages, including cartons of cigarettes and little cigars, one of four bilingual statements set out in Part 3 of the 2011 source document must be displayed. For example, one statement reads: “Tobacco smoke contains benzene, a chemical that causes cancer. Health Canada. La fumée du tabac contient du benzène, un produit chimique qui donne le cancer. Santé Canada.” (See: http://www.hc-sc.gc.ca/hc-ps/t....)

Packages of cigarette tobacco, kreteks, leaf tobacco, and tobacco sticks must bear the following bilingual statement: “Some of the toxic emissions: Tar, Nicotine, Carbon monoxide, Formaldehyde, Hydrogen cyanide, Benzene” and “Quelques-unes des émissions toxiques: goudron, nicotine, monoxyde de carbone, formaldéhyde, acide cyanhydrique, benzène.”

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative disclosures.

Packages of smoked tobacco products are no longer required to bear figurative emission yields. However, quantitative disclosures are not prohibited. Moreover, manufacturers are required to print information on the amount of three toxic constituents – nitrosamines, lead, and nicotine – on packages of chewing tobacco and snuff. To align with the FCTC Art. 11 Guidelines, the regulations should explicitly prohibit the display of figures for emission yields.

As of February 7, 2020, plain packaging of all tobacco products is required.  

Cigarette packaging must be in a standard shape and color (i.e., drab brown). Only prescribed information may appear on product packaging, including brand name. The law further provides for the appearance of this information, requiring such items as standardized font, font sizes, colors, and placement. Other tobacco product packaging is standardized as well. Packages additionally may not be capable of emitting a scent or sound.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to plain packaging.  

The Tobacco and Vaping Products Act prohibits promotion of tobacco products “by any means, including by means of the tobacco product packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions.” In addition, regulations promulgated in September 2011 prohibit the use of the terms “light” or “mild” and any variations thereof, including the addition of any modifiers to those terms, such as “extra” or “ultra”, on product packaging.

The law meets FCTC Art. 11 in that all forms of misleading packaging and labeling are prohibited.