Last updated: February 19, 2021
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Tobacco Control Decree 2010 mandates that health warnings as specified by the legislation are required to be clearly and conspicuously printed/marked on every tobacco product for retail sale, which includes packaging of packs or units for retail sale.
The law meets FCTC Art. 11 with respect to health warnings on unit packaging and labeling.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The Tobacco Control Decree 2010 mandates that health warnings as specified by the legislation are required to be clearly and conspicuously printed/marked on every tobacco product for retail sale including cartons or any container that contains several units.
The law meets FCTC Art. 11 with respect to health warnings on outside packaging and labeling.
Warning texts must be in the principal language(s) of the country
The Tobacco Control Regulations 2012 outline the required format for the text of warning messages, which includes formatting for the text of warnings in English, iTaukei and Hindi languages.
The law meets FCTC Art. 11 with respect to warning text 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
The Tobacco Control Regulations 2012 require that warning messages and corresponding graphics must not “be likely to be” damaged when a package is opened in a normal way. It goes on to specify that if any message is likely to be damaged by a wrapper covering a retail container, that warning must appear on both the wrapper, and the retail container.
In addition, the Tobacco Control Regulations 2012 refer to the placement of the warnings and graphics to be such that “the warning message and corresponding graphic will not be obscured, severed or obliterated when the pack is opened.”
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
Both the Tobacco Control Decree 2010 and the Tobacco Control Regulations 2012 include provisions that require warnings and any accompanying graphics to be displayed clearly. For example, Tobacco Control Decree 2010 creates an obligation to clearly and conspicuously print health warnings on tobacco products.
In addition, the Tobacco Control Regulations 2012 Schedule 1, which sets out specific requirements for the warnings, frequently refers to the placement of the warnings and graphics to be such that “the warning message and corresponding graphic will not be obscured, severed or obliterated when the pack is opened.”
However, the law does not specify that tax stamps and other required markings may not be placed where they conceal or interfere with required warnings and graphics. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.
A requirement to display qualitative (descriptive) constituents and emissions messages
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.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
Both the Tobacco Control Decree 2010 and the Tobacco Control Regulations 2012 require a statement on cigarette containers indicating the content of tar and nicotine in 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 or standardized packaging
Plain packaging of tobacco products is not required in Fiji. 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 Tobacco Control Decree 2010 prohibits misleading labeling on any tobacco product. However, the law does not include any specific or illustrative language on what is considered misleading.
To fully meet FCTC Art. 11, the law should clearly prohibit all misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images) that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.
