Last updated: January 23, 2020

Other Packaging and Labeling Requirements

Warning requirements on unit packaging and labeling (e.g., packs)

Yes
Analysis

The law requires that all packs of cigarettes and tobacco products for retail sale display two required warnings which may be accompanied by a pictogram or picture warning.

The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling of cigarettes and cigars. However, the law would be clearer if the law contained a definition of “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11.

Warning/messages required on outside packaging and labeling (e.g., cartons)

Yes
Analysis

The law requires that all packs of cigarettes and tobacco products for retail sale display two required warnings which may be accompanied by a pictogram or picture warning.

The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling of cigarettes and cigars. However, the law would be clearer if the law contained a definition of “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11.

Warning texts must be in the principal language(s) of the country

Yes
Analysis

The law requires that the health warning, among other messages, must appear in French and Comorian in Arabic letters.

The law meets FCTC Art. 11 with respect to requiring warnings in the principal languages 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

Yes
Analysis

The law provides that warnings shall be printed in indelible ink and must not be disrupted any way by being “masked, hidden or separated by other statements or images, or by the opening of the pack.”

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

No
Analysis

The law does not require that tax stamps or other required markings may not be placed where they may conceal warnings or other messages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.

A requirement to display qualitative (descriptive) constituents and emissions messages

No
Analysis

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 affirmatively should include this requirement.

Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)

No
Analysis

The law does not prohibit the display of figures for emission yields. Instead, the law requires the display of tar and nicotine contents.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of emission yield figures as these may be misleading to consumers.

Plain or standardized packaging

No
Analysis

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)

Yes
Analysis

The law prohibits any packaging and labeling that is likely to contribute to the promotion of a tobacco product by any means likely to give a mistaken impression with respect to the characteristics, health effects, risks or emissions of the product, including descriptive terms, commercial brands, figurative signs or others that directly or indirectly give the impression that one tobacco product is less harmful than others.

The law meets FCTC Art. 11 with respect to misleading terms, descriptors, and other signs.