Last updated: May 15, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires health warnings on all cigarette packets and cartons and all packing of other tobacco products. The definition of “packing” includes any unit used in the consumer market. Therefore, warnings are required on all unit packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires health warnings on all cigarette packets and cartons and all packing of other tobacco products. The definition of “packing” includes any unit used in the consumer market. Therefore, warnings are required on all outside packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
The law requires that warning text must be in Spanish.
The law meets FCTC Art. 11 with respect to warning text being 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
Although the law requires that health warnings may not be concealed or obscured by markings, the law does not affirmatively require that warnings may not be placed where they may be permanently damaged or concealed when opening the pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively require that warnings 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 provides that warnings “must not be hidden by other brands, wrapping, stamps or any mandatory or optional notices on the packaging or labelling, or by internal or external commercial leaflets. In no case may the warnings be concealed, covered or capable of being removed.”
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
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 the display of qualitative constituent and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law prohibits the display of quantitative information (figurative) on constituents and emissions on tobacco product packages.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
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)
Law No. 1335 prohibits the use of misleading descriptors on tobacco product packaging, such as “mild”, “light”, “low in tar, nicotine and carbon monoxide.” In addition, Ministry Decision No. 003961, issued pursuant to Law No. 1335, further provides that tobacco products may not contain “misleading information as to their characteristics, effect on health, risks or emissions or use terms, descriptive elements, brand or trade names, figurative or other types of sign whose direct or indirect effect is to create the false impression that a particular tobacco product is less harmful than others.”
The law meets FCTC Art. 11 with respect to a prohibition on misleading terms, descriptor and other elements.
