Last updated: October 28, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The MOH Regulations require health warnings on the “smallest packet” of tobacco products, which is defined as the wrapping that is in direct contact with tobacco products for retail sale.
The regulations meet FCTC Art. 11 with respect to warning labels on unit packaging.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The MOH Regulations require health warnings on “larger packaging,” which is defined as cartons. The regulations also require health warnings on “packaging,” which is defined as material used to contain or wrap the tobacco products whether or not in direct contact with the product.
The regulations meet FCTC Art. 11 with respect to warning labels on outside packaging and labeling, e.g., cartons.
Warning texts must be in the principal language(s) of the country
According to the exemplar located in the Annex to the MOH Regulations, warning texts are to appear in Bahasa Indonesia.
The regulations meet FCTC Art. 11 with respect to warning labels in the country’s principal language.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The regulations do not specify that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that warnings or messages may 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
PP 109 of 2012 and the MOH Regulations provide that the pictures and text health warnings may not be covered in any way in accordance with statutory provisions. This provision is interpreted as requiring that tax stamps or other required markings may not be placed where they may conceal health warnings or messages.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
PP 109 of 2012 and the MOH Regulations require imprinting the following two statements on tobacco product packaging: “There is no safe limit” and
“Contains more than 4,000 hazardous chemicals and more than 43 cancer-causing substances.”
The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituent and emissions statements on tobacco product packaging.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
PP 109 of 2012 and the MOH Regulations require content levels of tar and nicotine to be displayed. On rectangular and boxes with identical broad faces, the levels must be placed on one of the sides. On cylindrical boxes, the levels must be displayed on the side of the cap. The information shall be in capital letters in Ariel type in a font size of at least 3 millimeters or equivalent to font size 8; must be in a rectangular box with a 1 millimeter border in a color which contrasts with the background; and must be clearly legible.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit figures for emission yields on packaging and labeling as these figures can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Indonesia. 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 MOH Regulations prohibit words and statements intended to deceive or create a false impression about the health effects of tobacco products or that convey an impression that the products are beneficial to health. The regulations and PP 109 of 2012 further prohibit use of the words, among other words, “light,” “ultra light,” “mild,” “extra mild,” “low tar,” “slim,” and other words that indicate safety. Such prohibitions, however, are not applicable to tobacco products that already have such words in their branding or trademarks.
To meet FCTC Art. 11, the law should prohibit all types of misleading indicia on all tobacco packaging and labeling and whether or not such terms are used in branding or trademarks.
