Last updated: February 19, 2022
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires that each unit packet and any outside packaging of a tobacco product placed on the market carry a health warning.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires that any outside packaging of tobacco product carry health warnings. The definition of “outside packaging” includes unit packets as well as includes aggregation of unit packets. Therefore, the law requires warnings on outside packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
The law requires the health warning to appear in the official language.
Therefore, the law meets FCTC Art. 11 with respect to requiring warnings in the principal language(s) 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 requires that health warnings be printed in a manner that ensures that they are not damaged when the unit packet is open.
This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law prohibits printing health warnings on excise stamps and placing stamps or any other marking in a manner that partially or fully obscures required health warnings.
This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires the display of a qualitative (descriptive) constituents and emissions messages on one lateral side of the packaging: “Tobacco smoke contains more than 70 cancer-causing substances.”
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law also prohibits specifying the quantity of harmful substances on the outside or inside of unit packets or directly on the tobacco products, including as part of the trademark.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Plain or standardized packaging
Plain packaging of tobacco products is not required. 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 packaging and labeling that promotes tobacco using means that are false or misleading or that could create erroneous impressions about its characteristics or suggest that a particular tobacco product is less harmful than another. The law specifically prohibits the use of misleading terms such as “light”, “medium”, “ultra”, “extra” or other suggestions that a tobacco product has revitalizing, energizing, healing, rejuvenating, natural, or organic properties. Misleading descriptors broadly includes texts, symbols, names, trademarks, figures of speech, misleading colors, or references to the shape of the tobacco product, among others.
The law also prohibits packaging that draws analogies to the anatomical names for human body parts.
The law meets FCTC Art. 11 with respect to misleading packaging and labeling.
