Analysis
As of January 8, 2020, plain packaging is required for all smokeless tobacco products.
The definition of “tobacco products” contained in the Restriction on Advertising and Marketing of Tobacco Products Law includes smokeless tobacco products. Article 9(A) of the law requires health warnings on all tobacco products. Therefore, the features of health warnings and messages that apply to smoked tobacco products largely apply to smokeless tobacco products as well. However, although the law requires health warnings on all tobacco products, the contents of the warnings themselves are applicable to smoking and not smokeless tobacco products.
The law requires text warnings to occupy 65% of each of the two principal display areas. Twelve different warnings are prescribed, and must rotate so that all appear “regularly and with equal frequency.” Equal frequency is deemed to be each warning appearing on 6.33% to 10.33% of the packaging for any given brand.
On the outer packaging for bulk retail products (e.g., cartons), only one text warning is prescribed – “Smoking Kills.” This warning must be printed in both Hebrew and Arabic, and must occupy 30% of each of the two principal display areas.
The law meets the FCTC Art. 11 minimum requirements for size and rotation. To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, Parties should consider graphic health warnings that cover 50% of more of the principal display areas. In addition, the law should require warnings that are specific to smokeless tobacco and mandate that the warnings be updated every 12-36 months.
