Nepal

The law requires health warnings on the “packet, wrappers, packaging of parcel, [or] label.” The Directive further specifies the warnings required on unit packaging of tobacco products.

The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling.

The law requires health warnings on the “packet, wrappers, packaging of parcel, [or] label.” The Directive further specifies the warnings required on cartons and other outside packaging of tobacco products.

The law meets FCTC Art. 11 with respect to warnings on outside packaging and labeling.

The law and directive specifically require warnings in Nepali language, as well as to appear as they are set out in the directive.

The law meets FCTC Art. 11 with respect to requiring warnings in the principal language of the country.

The Directive on Printing and Labeling requires that manufacturers not “distort, damage or hide the warning message and graphics” on tobacco product packages. Likewise, the Tobacco Product Regulations provide that “[m]anufacturers shall not package or label tobacco products in such a way that would distort, damage or hide the warning message, symbol and graphics.” These provisions are interpreted to mean that warnings may not be damaged when opening the pack.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

The law requires that manufacturers not “distort, damage or hide the warning message and graphics” on tobacco product packages. Likewise, the Tobacco Product Regulations provide that “[m]anufacturers shall not package or label tobacco products in such a way that would distort, damage or hide the warning message, symbol and graphics.” These provisions are interpreted to mean that tax stamps or other required markings may not be placed where they may conceal health warnings or messages.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

The Tobacco Product Act requires manufacturers to disclose on the tobacco product package “hazardous constituents to be prescribed.” The Tobacco Product Regulations require manufacturers to state that “the products contain chemical substances like nitrosamine, benzopyrene, tar, carbon dioxide.” The Directive further specifies in Section 3 the exact wording of the qualitative statements regarding constituents and emissions that are required on smoked tobacco products: “Cigarette smoke contains carcinogenic substances such as Nitrosamine and Benzopyrene. Quit smoking.” (right side panel), and “Nicotine, tar and carbon monoxide in cigarette smoke can cause heart and lung diseases. Quit smoking.” (left side panel).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to qualitative constituent and emissions disclosures.

The Tobacco Product Act requires manufacturers to disclose on the tobacco product package “the amount of nicotine in the tobacco.” However, the display of figures for other emission yields, such as tar and carbon monoxide, may be prohibited. The Directive requires qualitative statements on nicotine, tar and carbon monoxide and, further, prohibits the use of graphics or symbols that portray false or misleading information about the health risks of tobacco products. Under this latter provision, arguably the display of figures for tar and carbon monoxide are prohibited.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively prohibit the display of figures for emission yields for nicotine, as well as tar and carbon monoxide, on packaging and labeling. Only qualitative statements regarding constituents and emissions should be required.

Plain packaging of tobacco products is not required in Nepal. However, the Directive for Printing and Labeling prohibits “packaging and labeling by keeping any message, materials, color, graphics etc that might directly or indirectly promote the use of tobacco products.” Likewise, the Tobacco Product Regulations provide that the “label and trademark of tobacco products shall not be marked or used in any way that would advertise or promote the tobacco products.” These provisions prohibit some promotional elements of tobacco packaging and labeling, such as promotional inserts or pictures, images or logos on packaging to promote the product. However, plain packaging 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.

The Directive on Printing and Labeling prohibit the use of “any words or any graphics or symbols that mean ‘mild, very mild, medium, less tar, safe, light’ etc. and that might portray false, misleading or deceitful message regarding health, [or] health risks” of tobacco products. Likewise, the Tobacco Product Regulations prohibit the “use any words or any graphics or symbols that may be misleading or that would give deceitful messages”.

The law meets FCTC Art. 11 with respect to misleading terms, descriptors, signs or symbols.