Analysis
The law requires that all forms of tobacco product packaging and exterior labeling have “markings and images describing the harmful effects of tobacco, and health warnings such as: ‘Seriously harmful to your health,’ on at least 30% of the surface of the pack or carton of cigarettes.”
According to the definition of “health messages and warnings” contained in Decree No. 2018-217, warnings include “images accompanying required text and messages.” However, the warnings prescribed in Order No. 1351 do not contain images.
Under the law, manufacturers and importers must select four health warnings from a prescribed series to be used simultaneously over the course of 24 months. The four selected health warnings must appear on an equal number of packages over that period. When a new series of warnings is introduced, warnings from both series may appear at the same time during a six-month transition period.
However, Order No. 1351 prescribes a total of four text-only health warnings. For the first 24-month period, the first warning (“Nuit gravement à la santé”) is displayed on 30% of the front and the second warning (“Fumer tue”) is displayed on 30% of the back. For the following 24-month period, the third warning (“Fumer nuit à vos poumons”) is to be displayed on 30% of the front and the fourth warning (“Fumer bouche vos artères”) is to be displayed on 30% of the back.
In addition, a warning statement (“La fumée du tabac est cancérogène”) must be displayed on 30% of one side panel of cigarette packages.
The law meets the minimum requirements of FCTC Art. 11 in that rotating health warnings are required to cover 30% of the principal display areas. However, to align with the FCTC Art. 11 Guidelines, the law should require pictorial health warnings that cover more than 50% of the principal display areas.
