Suriname

The law meets FCTC Art. 11 with regard to requiring warnings on unit packs of cigarettes.

Warnings seemingly are required on outside packaging and labeling under the Tobacco Law, given the definitions of “pack” and “carton.” However, the Rules on Packaging and Labeling do not to address requirements for outside packaging and labeling. Therefore, it is uncertain whether the current set of health warnings is required on outside packaging and labeling.

To meet FCTC Art. 11, the law should specify that the warnings must be printed on all packaging and labeling used in the retail sale of the product and specify the detailed requirements for doing so. In addition, to avoid any ambiguity, the term “outside packaging and labeling” should be used and defined as in FCTC Art. 11(4).

Neither the Tobacco Law nor the Rules on Packaging and Labeling specifies the language(s) in which the warnings must be printed. The warnings provided in the legislation are in English. To meet FCTC Art. 11, the law should specify that the warnings must appear in the principal language(s) of the country.

The second round of pictorial health warnings specifies that the warning is to appear in both English (front) and Dutch (back). These warnings will be required as of December 7, 2018.

The Rules on Packaging and Labeling require that health warnings be placed in such a way that the warning is not damaged when opening the packaging, in alignment with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

The law requires that the warnings be placed in such a manner and place on the package that the reading of the health warnings and messages is not obstructed. This is interpreted as requiring that tax stamps and other required markings may not be placed where they may conceal warnings or messages, in alignment with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

The law prohibits both qualitative and quantitative statements about constituents and emissions that might imply one brand is less harmful than another, including quantitative amounts of tar, nicotine, or carbon monoxide. However, there is no affirmative requirement for the display of relevant qualitative constituents and emissions statements, as provided in FCTC Art. 11 Guidelines paras. 32-33.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively require relevant qualitative statements/messages about constituents and emissions.

The law prohibits the display of figures for emission yields on tobacco product packages, including when used as subordinate of a brand name or trademark, in alignment with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

Plain packaging of tobacco products is not required in Suriname. 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 Tobacco Law prohibits promotion of tobacco products, in the context of packaging, by any means which can give a misleading or wrong impression about the product characteristics, health effects, dangers, or emissions, including graphical indications, or descriptions or other signs which directly or indirectly raise a wrong impression that tobacco and/or one tobacco product is less harmful than another. The law meets FCTC Art. 11 with respect to a prohibition on misleading packaging and labeling.