Last updated: September 18, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
Section 6 of the Tobacco Products Act states that “No person shall sell tobacco products unless the packet containing it displays in the prescribed form and manner such information as stipulated in the Second Schedule to this Act.” The law defines “package” as “a container, receptacle or wrapper in which a tobacco product is sold.” This is interpreted as requiring warnings 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)
Section 6 of the Tobacco Products Act states that “No person shall sell tobacco products unless the packet containing it displays in the prescribed form and manner such information as stipulated in the Second Schedule to this Act.” The law defines “package” as “a container, receptacle or wrapper in which a tobacco product is sold.” This is interpreted as requiring warnings on outside packaging and labeling.
The law meets FCTC Art. 11 in this respect. However, to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should contain a definition of “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11.
Warning texts must be in the principal language(s) of the country
Section 6 of the Tobacco Products Act states that “No person shall sell tobacco products unless the packet containing it displays in the prescribed form and manner such information as stipulated in the Second Schedule to this Act.” The Second Schedule requires that one of the ten prescribed health warnings “shall be displayed in Kiswahili and English on every packet of cigarettes or tobacco product.”
Therefore, the law meets FCTC Art. 11 with respect to requiring warnings 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
The law does not affirmatively require that warnings or messages not be placed where they may be permanently damaged or concealed when opening pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively state that warnings or messages may 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 does not affirmatively require that tax stamps or other required markings may not be placed where they may conceal warnings or other messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively state that tax stamps or other required markings may not be placed where they may conceal warnings or other messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require the display of qualitative (descriptive) constituents and emissions messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require the display of qualitative (descriptive) constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit the display of figures for emission yields. Instead, the Tobacco Products Regulations require that the tar and nicotine levels be displayed on every pack of cigarettes.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as such 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)
Section 27 of the Tobacco Products Act states that “No person shall promote a tobacco product by any means including packaging that is likely to create an erroneous impression about the characteristics, or health hazards of the tobacco product or its emissions.” Because the law specifically mentions “packaging,” this provision is interpreted as prohibiting misleading terms, descriptors, trademarks, or figurative or other signs on tobacco product packaging.
The law meets FCTC Art. 11 with respect to misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images) that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products. The law could be strengthened by clarifying that the misleading indicia prohibited by the law includes terms, descriptors, trademarks, colors, numbers, and other figurative or other signs.
