Analysis
The law requires health warnings occupy at least 30% (and “should” cover 50%) of the principal display areas on unit packages, packages of tobacco products and any outside packaging and labeling.
The warnings must be approved by the Ministry of Health, be large, clear and visible, and be rotated.
It is unclear how many warnings are required to be displayed. Warnings may appear in text form, or in the form of pictures, or may include both. Because the law does not mandate specific warnings to appear on packaging, the form/content of the warnings is uncertain.
The law meets the minimum requirements of FCTC Art. 11 in that the warnings occupy at least 30% of the two principal display areas of the package.
However, to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require warnings be composed of pictures and text, include a variety of messages to be displayed at any given time, and require that the warnings rotate on a regular basis. In addition, the law should expressly require the warnings to appear on at least 50% of each principal display area.
