Democratic Republic of the Congo

The law requires that all packs of cigarettes and cigars display two of four required warnings. However, because the law does not define “tobacco product” or “outside packaging and labeling,” it may not apply to all unit packaging of tobacco products, such as loose-leaf tobacco. 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 warning requirement applied to tobacco products in general, and if the law contained definitions of “tobacco product” and “outside packaging and labeling” in accordance with the definitions provided in the FCTC.

The law requires that all cartons of cigarettes and cigars display two of four required warnings. However, because the law does not define “tobacco product” or “outside packaging and labeling,” it may not apply to all outside packaging of tobacco products, such as loose-leaf tobacco. The law meets FCTC Art. 11 with respect to warnings on outside packaging and labeling of cigarettes and cigars. However, the law would be clearer if the warning requirement applied to tobacco products in general, and if the law contained definitions of “tobacco product” and “outside packaging and labeling” in accordance with the definitions provided in the FCTC.

Administrative Order No. 1250 does not specifically state that the health warning text must appear in French. (The previous administrative order did contain an affirmative requirement that the warning be in French.) To meet FCTC Art. 11, the law should affirmatively require that the text of the health warning be in the principal language(s) of the country.

The law does not require that warnings or messages 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 affirmatively should include this requirement.

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.

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.

The law does not prohibit the display of figures for emission yields. Instead, the law requires the display of tar and nicotine contents, which may mislead consumers as to the safety and health effect of the product. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of emission yield figures.

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.

The law prohibits any packaging and labeling that is likely to directly or indirectly create the false impression that one brand is less harmful to another or that implies that a particular brand can promote well being. The law explicitly prohibits misleading terms like “light,” “ultra-light,” and “mild”, but does not prohibit the use of figurative or other signs that directly or indirectly mislead consumers. The law does not meet FCTC Art. 11 with respect to misleading terms, descriptors, and other signs.