Last updated: July 19, 2024
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires health warnings on every box, pack, carton, or package of tobacco products (primary and secondary packaging) and all outer packaging and labeling of these products. Therefore, warnings are required on all unit packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires health warnings on every box, pack, carton, or package of tobacco products (primary and secondary packaging) and all outer packaging and labeling of these products. Therefore, warnings are required on all 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 that warning text must be in Spanish and Guaraní.
The law meets FCTC Art. 11 with respect to warning text being 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
Although the law requires that health warnings must remain visible at all times and may not be hidden by labels or other materials, the law does not affirmatively require that warnings may 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 law should affirmatively require that warnings 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 provides that manufacturers and sellers of tobacco products may not place labels or other materials that hide warnings.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires the display of a qualitative (descriptive) constituents and emissions warning on 100% of one lateral side of the package. The warning must read: "Este producto de tabaco contiene sustancias tóxicas: ALQUITRÁN produce cáncer, NICOTINA produce adicción, MONÓXIDO DE CARBONO es un gas venenoso y mata, y el ARSÉNICO puede ocasionar cáncer en el pulmón."
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring a qualitative constituents and emissions message.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not contain an affirmative prohibition on the display of figures for emission yields. However, the law prohibits false and misleading information on tobacco product packaging. Further, the law prohibits the use of "terms, descriptive elements, trademarks or registered trademarks, and figurative symbols or symbols” that may lead the public to suppose that one tobacco product is less harmful than another in terms of its content, risks, or emissions. Arguably, this could be interpreted as prohibiting the display of figures for emission yields. However, because the law does not contain an affirmative prohibition, the regulatory status code "No" is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly prohibit the display of figures for emission yields because these figures can be misleading to consumers.
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 the promotion of tobacco products through packs, packages, or outer packaging and labeling in a false, misleading, or deceptive manner or in any way that may mislead with respect to their characteristics, effects, or health risks. Further, the law prohibits the use of terms, descriptive elements, trademarks or registered trademarks, and figurative symbols or symbols of another type that directly or indirectly create the false impression that a certain tobacco product is less harmful than others. Specifically, the law bans the use of expressions such as: "low tar", "light", "ultra-light" or "soft" or similar terms.
The law meets FCTC Art. 11 in this respect.
