Last updated: October 31, 2024
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
Currently, the law requires a health warning on packaging of tobacco products "made available for public consumption." This is interpreted as requiring the warning on all unit packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Beginning December 18, 2024, the health warning requirements under Law No. 2019-676, as implemented by Decree No. 2022-75 and Order No. 848, will enter into effect. All unit and outer packaging must carry health warnings.
Warning/messages required on outside packaging and labeling (e.g., cartons)
Currently, the law requires a health warning on packaging of tobacco products "made available for public consumption." It is unclear whether this is interpreted to mean unit packaging only, or both unit and outside packaging.
Beginning December 18, 2024, the health warning requirements under Law No. 2019-676, as implemented by Decree No. 2022-75 and Order No. 848, will enter into effect. All unit and outer packaging must carry health warnings.
Once in effect, the law will meet FCTC Art. 11 with respect to warning labels on outside packaging.
Warning texts must be in the principal language(s) of the country
The law does not specify the language(s) in which the warning must be printed. The current administrative order establishing the text of the warning provides the text in French.
Beginning December 18, 2024, the health warning requirements under Law No. 2019-676, as implemented by Decree No. 2022-75 and Order No. 848, will enter into effect. The Ministry of Health is required to create health warnings and send them electronically to tobacco product manufacturers, producers, importers, and distributors to reproduce on tobacco product packages. While the law does not explicitly state that the warnings must be in the principal language of the country, this is implied.
Once in effect, the law will meet FCTC Art. 11 with respect to warning text appearing in the principal language of the country. However, for greater clarity, the law should contain an affirmative requirement that the warning label text must be 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
Beginning December 18, 2024, the health warning requirements under Law No. 2019-676, as implemented by Decree No. 2022-75 and Order No. 848, will enter into effect. Health warnings may not be concealed or otherwise disrupted by opening the pack.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to warnings not being 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
Beginning December 18, 2024, the health warning requirements under Law No. 2019-676, as implemented by Decree No. 2022-75 and Order No. 848, will enter into effect. Health warnings may not be concealed or covered by images, logos, or any “other indications,” which is interpreted to include tax stamps and other required markings.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a requirement 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
Tobacco product packaging may not contain qualitative or quantitative information regarding levels of tar, nicotine, or any other component or emission of tobacco.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require the display of qualitative constituents and emissions messages on all tobacco product packaging.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
Tobacco product packaging may not contain qualitative or quantitative information regarding levels of tar, nicotine, or any other component or emission of tobacco.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to the display of figures for emission yields on tobacco product packaging.
Plain or standardized packaging
Currently, the law does not require plain packaging of tobacco products.
As of December 18, 2024, plain packaging of cigarettes, cigars, cigarillos and any other tobacco product will be required. As of that date, tobacco product packaging must be in a standard shape and color (i.e., Pantone 448C). Only prescribed information may appear on product packaging, including brand name and variant. The law further provides for the appearance of this information, requiring such items as standardized font, font sizes, and colors. Packaging may not contain any element or feature that changes after sale, including: any heat-activated ink; any ink, element, or feature that becomes visible over time; any ink that appears fluorescent under certain lighting; any part of the packaging that may be scratched or manipulated to reveal an image or text; any removable label or tab; and any foldable surface.
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)
Tobacco product packaging may not contain any misleading, deceptive or false information on the health effects of tobacco, giving or likely to give the consumer the false impression that a particular tobacco product is less harmful than others, or any other terms or features that would imply the same, including: 1) the terms “low-tar,” “mild,” “light,” “ultra-light,” “gold,” “duo;” or 2) terms, names, colors, figurative marks, or other features.
The law meets FCTC Art. 11 with respect to the use of terms, descriptors, or other signs that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.
