Analysis
Graphic health warnings were first implemented in April 2014, following an unsuccessful challenge by the tobacco industry initiated in 2011. The size of the warnings was increased from 75% to 90% of the principal display areas in 2015.
The Directive issued under the law specifies the warnings to be placed on the front, back, top, and two sides on all packages of cigarettes and bidis. There are five picture and corresponding text warnings that are to appear on all packages of cigarettes, and two picture and corresponding text warnings that are to appear on all packages of bidis.
For cigarette boxes, packets, and wrappers, the health warning must occupy 90% of front and back of the package, aligned from the top (the text occupies the top 20% and the picture occupies the middle 70% of the package). The five picture and text combined warnings must be distributed “equally in every batch, 20% of each kind.” The warning message “Tobacco products are injurious to health. Smoking can kill.” must be printed across the top of the pack. The warning message “Cigarette smoke contains carcinogenic substances such as Nitrosamine and Benzopyrene. Quit smoking.” must be printed on 90% of the right side panel. The warning message “Nicotine, tar and carbon monoxide in cigarette smoke can cause heart and lung diseases. Quit smoking.” must be printed on 90% of the left side panel.
The requirements for bidi boxes, packets, and wrappers are similar to those for cigarettes, with the primary difference being that the two picture and text combined warning messages must be distributed “equally in every batch, 50% of each kind.”
The Tobacco Product Regulations specify that the Ministry may change the required warnings within a year.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to the size of health warnings, the use of color pictorial warnings, and rotation.
