Analysis
The definition of “tobacco-derived products” includes smokeless tobacco products. Article 21 of the law requires health warnings on both cigarettes and other tobacco-derived products. Therefore, the features of health warnings and messages that apply to smoked tobacco products also apply to smokeless tobacco products.
The law requires that the images/pictograms and the text of warning messages on the principal display areas (“PDAs”) must be “rotated and modified annually.” Each warning must cover 50% of both main panels of the product packaging. The warnings must not be printed on a discardable outside wrapper. The text of each warning must fill at least 25% of the area devoted to the message. Neither the law nor the regulations, however, prescribe the number of warning messages to appear concurrently. In order to fully align with the FCTC Art. 11 Guidelines, the law should identify the number of messages to be in use at any given time.
Every six months, the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmaceutical Dependency (Instituto Hondureño para la Prevención del Alcoholismo, Drogadicción y Farmacodependencia, or IHADFA) is required to propose and review the pictograms and text.
On March 25, 2011, the President signed Decree No. 12-2011 which reduces the size of the health warnings from 80% to 50% of each PDA. The amendment took effect in July 2011.
