Last updated: May 15, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires that all tobacco product packages display health warnings. “Package” is defined as "the container, receptacle or wrapper in which a tobacco product is sold or displayed or distributed at retail.” Therefore, it is interpreted that unit packaging must contain a health warning. The law meets the FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires that all tobacco product packages display health warnings. “Package” is defined as including "a carton in which multiple packages are stored.” Therefore, it is interpreted that outside packaging must contain a health warning. The law meets the FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
Although the law specifies that “No smoking” signs must be in both Siswati and English, it does not specify the language(s) for warning text. To meet FCTC Art. 11, the law should specifically require that the text of the health warning be in the principal language(s) 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
The law requires that all tobacco product packages display “un-obscured” warnings or messages but provides no further detail. Thus, it is unclear whether the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring that warnings or messages not be placed where they may be permanently damaged or concealed when the pack is opened. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly include this requirement.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law requires that all tobacco product packages display “un-obscured” warnings or messages but provides no further detail. Thus, it is unclear whether the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring that tax stamps or other required markings not be placed where they may conceal warnings or messages. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly include this requirement.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires that all tobacco product packages display “the contents and emissions of the product.” The law also states that each package must “bear such statements as to the tar, nicotine and other constituents as may be prescribed … and shall be limited to the disclosure of the contents and not their quantities.” Thus, the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring qualitative (descriptive) constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law requires that each tobacco product package must “bear such statements as to the tar, nicotine and other constituents as may be prescribed … and shall be limited to the disclosure of the contents and not their quantities.” Thus, the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to prohibiting the display of figures for emission yields.
Plain or standardized packaging
The law does not require plain packaging of tobacco products. However, the law empowers the Minister of Health to make regulations relating to “any matter necessary to be prescribed to give effect to th[e] Act.”
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)
The law prohibits misleading tobacco product packaging “concerning the character, properties, toxicity, composition, merit or safety of the product.” It also prohibits selling or promoting tobacco “by any means, including by means of packaging, that are false, misleading, or deceptive or that are likely to create an appeal or erroneous impression about the characteristics, health effect or hazards of the tobacco product emissions.” Thus, the law meets FCTC Art. 11 with respect to prohibiting misleading tobacco product packaging.
