Last updated: April 1, 2025
Other Packaging and Labeling Requirements
Health warnings required on unit packaging (e.g., packs)
The regulations require health warnings on all unit packages tobacco products.
The regulations meet FCTC Art. 11 in this respect.
Health warnings required on outside packaging and labeling (e.g., cartons)
The regulations require health warnings on all cartons of tobacco products.
The regulations meet FCTC Art. 11 in this respect.
Health warning text must be in the principal language(s) of the country
The law sets out the health warnings that must be displayed, in both Malay and English, on smoked and smokeless tobacco products.
The law meets FCTC Art. 11 with respect to warning text 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 regulations do not contain an affirmative requirement that warnings or messages 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 regulations should affirmatively require that warnings or messages 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
The law requires that where a tobacco product “is offered for sale or display,” the health warning “shall not be obstructed visually or obscured by any device or means.” This is interpreted as prohibiting tax stamps or other markings from being place where they may conceal 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
The law requires the following qualitative constitutes and emissions messages:
1. On cigarettes: “Produk ini mengandungi bahan kimia termasuk tar, nikotin dan karbon monoksida yang membahayakan kesihatan.” (English translation: This product contains chemicals including tar, nicotine and carbon monoxide which are harmful to health.)
2. On loose tobacco, smokeless tobacco, and cigars: “Produk ini menghasilkan bahan kimia yang membahayakan kesihatan.” (English translation: This product produces chemicals that are harmful to health).
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituent and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The regulations do not affirmatively prohibit the display of figures for emission yields.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the regulations should affirmatively prohibit the display of figures for emission yields, including tar, nicotine and carbon monoxide.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Malaysia. 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 the use on tobacco product packaging of any information that is false, misleading or deceptive or that is likely or intended to create an erroneous or false impression about the characteristics, health effects, hazards or emissions of a tobacco product. This ban includes a ban on words or descriptors such as “light”, “ultra light”, “mild”, “cool”, “extra”, “low tar”, “special”, “full flavor”, “premium”, “rich”, “famous”, “slim”, “Grade A”, “golden”, “pearl”, “edition” or any similar terms. The ban also includes “any term, word, description, claim, representation, abstract or graphic that states the grading, quality or supremacy of the product or is fanciful or that is not relevant to the physical characteristic of the tobacco product, smoking substance or substitute tobacco product and any other words that is meant for the purpose of promoting directly or indirectly the sale or disposal of the tobacco product, smoking substance or substitute tobacco product.” Presumably, this provision prohibits all other figurative signs or indicia (including numbers and colors) that may mislead consumers.
The law meets FCTC Art. 11 with respect to a prohibition on misleading packaging and labeling. The law could be improved by explicitly extending the ban to include the use of colors and numbers to mislead consumers.
