Last updated: June 14, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires that the warnings are displayed on "each pack" of cigarettes, chewing tobacco and snuff. Therefore, warnings are required on unit packaging and labeling.
The law meets FCTC Art. 11 with respect to health warnings on unit packaging.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires that the warnings are displayed on "each pack" as well as on the surface of “each carton.” Therefore, given the definitions of “pack” and “carton,” warnings are required on outside packaging and labeling.
The law meets FCTC Art. 11 with respect to health warnings on outside packaging and labeling.
Warning texts must be in the principal language(s) of the country
Warning texts must appear in Malagasy.
This legislative provision meets FCTC Art. 11 with respect to warning texts appearing 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 provides that the text of health warnings and the corresponding images or photos must be positioned in such a way that none of the words in the health warnings, photos, or images is broken up by the opening of packs and cartons.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law prohibits affixing stickers or labels of any kind or content onto photos, images, or text of the health warnings. In addition, the law states that texts of health warnings, images, or photos must be printed in a prominent, unremoveable, and indelible fashion. Together, these provisions are interpreted as requiring that tax stamps and other required markings may not be placed where they may conceal warnings or messages.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require qualitative constituents and emissions disclosures.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituents and emissions disclosures and prohibit the display of figurative emission yields, as figurative yields can be misleading to consumers.
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 emission yields on packaging and labeling.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as figurative yields can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Madagascar. 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 law prohibits printing misleading information on all tobacco product packages. The law specifically cites terms, such as “light,” “ultralight,” or “mild” in Malagasy or other languages, as examples of misleading terms that may create the false impression that a particular product is less harmful than another. In addition, the definition of “misleading terms” makes it clear that the prohibition applies to terms, descriptions, trademarks, and figurative or other signs.
This provision meets FCTC Art. 11.
