Last updated: October 13, 2017
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires a warning on "packs of cigarettes and other packaging units of tobacco and its derivatives made available to consumers." Therefore warnings are required on all unit packaging and labeling. The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
Article 8 of the Tobacco Control Law requires a warning on "packs of cigarettes and other packaging units of tobacco and its derivatives made available to consumers." This could be interpreted as requiring warnings on outside packaging (e.g., cartons), since these are made available to consumers. However, Art. 9 of the law goes on to require a specific statement ("For sale in Guinea") on "packs, cartons and other packaging units." Because cartons are specifically mentioned in Art. 9 but not mentioned in Art. 8, it is unclear if the prescribed warning is required on cartons.
To meet FCTC Art. 11, the law should explicitly require health warnings on outside packaging and labeling as well as unit packaging. In addition, the law should include a definition of "outside packaging and labeling" in accordance with the definition provided in FCTC Art. 11.
Warning texts must be in the principal language(s) of the country
The law specifies the required health warning in French, the principal language of Guinea. The law meets FCTC Art. 11 with respect to warning text being 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 law requires that warnings be "perfectly legible." However, the law does not explicitly require that warnings or messages not be placed where they may be permanently damaged or concealed when opening the pack. Therefore, the regulatory status "Uncertain" is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly require that warnings or messages not be placed where they may be permanently 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
The law requires that warnings be "perfectly legible." However, the law does not explicitly require that tax stamps or other required markings not be placed where they may conceal warnings or messages. Therefore, the regulatory status "Uncertain" is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly require that tax stamps or other required markings not be placed where they may conceal warnings or messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires the display of the "content in nicotine, tar, carbon monoxide and any other chemical or bacteriological ingredients." This provision is interpreted as requiring numerical values as opposed to qualitative statements.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should make clear that qualitative constituent and emissions messages are required.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit the display of figures for emissions yields. Instead, the law requires the display of the "content in nicotine, tar, carbon monoxide and any other chemical or bacteriological ingredients." This provision is interpreted as requiring numerical values as opposed to qualitative statements.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly prohibit the display of figures for emissions yields, which may be misleading to consumers.
Plain or standardized packaging
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.
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)
Article 8 of the Tobacco Control Law prohibits the use on tobacco product packaging of any "term or statement . . . that could give a false impression concerning their harmful effects on health." In addition, Art. 5 prohibits "language, graphic appearance, shape, combination of colors or logo, as well as on packaging units that constitute direct or indirect advertising." Taken together, these provisions are interpreted as prohibiting misleading tobacco product packaging and labeling. The law meets FCTC Art. 11 with respect to misleading packaging and labeling.
