Honduras

The law requires that warnings be displayed on the “container.” The law defines “container or package” as “any kind of container, receptacle or wrapping in which a tobacco-derived product is sold or displayed in wholesale and retail stores, including the box or carton containing smaller packs.” Under this definition, warnings must be displayed on unit packaging and labeling. Moreover, the regulations make clear that warnings are to be printed on “both main panels of packs, boxes and wrappers. . . .” The law and regulations meet FCTC Art. 11 with respect to this legislative provision.

The law requires that warnings be displayed on the “container.” The law defines “container or package” as “any kind of container, receptacle or wrapping in which a tobacco-derived product is sold or displayed in wholesale and retail stores, including the box or carton containing smaller packs.” Under this definition, the law specifically requires the display of warnings on outside packaging and labeling. Moreover, the regulations make clear that warnings are to be printed on “both main panels of packs, boxes and wrappers. . . .” The law and regulations meet FCTC Art. 11 with respect to this legislative provision.

Under Art. 21, warning texts must appear in Spanish. This legislative provision meets the FCTC Art. 11 requirement that warning texts appear in the principal language of the country.

Neither the law nor the regulations explicitly require that the warnings be placed where they will not be permanently concealed or damaged when opening the pack. The regulations do, however, provide some protection of warning visibility, requiring that health warnings be printed on the package and not on the discardable outside wrapper, such as the cellophane, or by using adhesive labels that may come off.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should include a specific requirement that warnings and messages may not be placed where they may be damaged or concealed when opening the pack.

Neither the law nor the regulations explicitly require that tax stamps or other required markings not be placed where they may conceal health warnings or messages. However, the law requires that health warnings must be “printed clearly, visibly and legibly.” It is unclear whether the drafters intended this provision to prohibit tax stamps or other required markings from being placed where they may conceal health warnings.

To eliminate any confusion and to more closely align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specifically prohibit the placement of tax stamps or other required markings where they may conceal health warnings or messages.

Under the law, the constituents, such as nicotine, tar, and carbon monoxide, must appear on one of the side portions of the container or package. The law does not state definitively whether the qualitative or quantitative description of the constituents is required. However, the regulations clarify that Art. 21 of the law is referring to “[t]he specification of the qualitative information about nicotine, tar and carbon monoxide.” Therefore, a qualitative description of the constituents is required. The text must occupy a size 6.3 centimeters by 9 millimeters and be in bold, condensed Helvetica font.

This provision aligns with the requirements of FCTC Art. 11 and the FCTC Art. 11 Guidelines for qualitative disclosures.

Neither the law nor the regulations prohibit the use of figurative yields. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, figures for emission yields should be prohibited.

Plain packaging of tobacco products is not required in Honduras. 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.

The law prohibits printing false, erroneous, deceptive, incomplete, or concealed information on tobacco product packages and containers. The law also prohibits the use of terms, such as "light", "ultralight" or "smooth", descriptive elements, manufacturer or commercial trademarks, figurative symbols, or other symbols that may create the false impression that a particular product is less harmful than another. This provision meets FCTC Art. 11 with respect to a prohibition on misleading packaging and labeling.