Analysis
Packaging of tobacco products, including cigarettes (except for those sold in duty-free shops) and pipe tobacco, must carry one of eight combined text/picture health warnings provided in the Third Schedule, occupying 80% of the front and 100% of the back of the tobacco product package. The warning on the front of the package must be in French and the warning on the back of the package must be in English.
The lateral sides of cigarette packages must also contain warnings “Smoking kills” in English on one lateral side and “La cigarette tue” in French on the other lateral side. These must occupy 70% of the surface area.
The warnings are to be rotated so that every brand or brand variant displays one combined health warning at a time, on a rotational basis during a period of 12 months.
Packaging of cigarettes to be to be sold in duty-free shops must carry one of eight combined text/picture health warnings provided in the Sixth Schedule, occupying 60% of the front and 70% of the back of the tobacco product package. The warning on the front of the package must be in French and the warning on the back of the package must be in English.
The lateral sides of cigarette packages that are to be sold in duty-free shops must also contain warnings “Smoking kills” in English on one lateral side and “La cigarette tue” in French on the other lateral side. These must occupy 65% of the surface area.
Packaging of cigars, cigarillos and little cigars must carry one health warning, to be displayed in both English and French. The warning text in English is: “Smoking causes cancer, heart disease, bronchitis and early death.” And in French: “Fumer provoque le cancer, les maladies du cœur, la bronchite et la mort prématurée.” While 10-point font is required, the law does not specify the percentage of the principal display area that the warning should cover.
The law meets FCTC Art. 11 and aligns with the FCTC Art. 11 Guidelines with respect to size, location, and rotation of health warnings on packages of smoked tobacco products.
