Analysis
One of six pre-approved, combined pictorial and text health warnings contained in Annex I of the Statutory Order must be displayed on 85% of the front (20% text on upper part and 65% image) and 100% of the back (20% text on upper part and 80% image) of all tobacco product packages. A quitline phone number is also required in the 20% text on the upper front- and back-side of the package. Additionally, 100% of the top and at least 80% of the bottom must be covered with the warning text. Each warning should be displayed for no longer than 12 continuous months. The text font, size, color, and effect (i.e., upper- or lower-case) as well as image quality and background color for package surfaces not covered by warnings are also set in the Statutory Order.
Other elements of packaging: On the right-side of the package, a statement of tar, nicotine, and carbon monoxide content must cover 50% with “letters of a color that stands out in contrast to the background.” Finally, 50% of the left-side of the package is reserved for the bar code (30% of upper part) and product lot number with place and date of production (20% below bar code) while the bottom 15% of the front of the package may display the manufacturer/importer brand or logo in white on an aluminum gray background. Some discretion with which surface to place the bar code is afforded to non-cigarette products so long as it does not conceal any health warning.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, neither the law nor statutory order specifies how frequently the Minister of Health must update the warnings. Thus, to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law or future regulations should mandate that the Minister of Health update or revise the set of warnings within a set time period, ideally every 12 to 36 months.
