Last updated: March 6, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Decree-Law requires a pre-approved warning on “each individual package” of tobacco products, and the Statutory Order describes the specific pre-approved warning requirements for all tobacco product packages.
The law meets FCTC Art. 11 with respect to warning requirements on unit packaging and labeling.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The Decree-Law requires a pre-approved warning on “each outer package” of tobacco products, and the Statutory Order describes the specific pre-approved warning requirements for all tobacco product packages.
The law meets FCTC Art. 11 with respect to warning requirements on outside packaging and labeling.
Warning texts must be in the principal language(s) of the country
The Decree-Law requires one of the two warnings on the largest surface areas to be in one of the official languages while the other may be in a foreign language. However, the Statutory Order clarifies that “all health warnings” must be in one of the official languages - Portuguese or Tetum.
The law meets FCTC Art. 11 with respect to warning text in the principal language(s) 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 Decree-Law requires that the warnings “be done indelibly, not obscured, hidden or separated by other statements or images,” and the Statutory Order requires they be presented in a “clear and legible fashion.” This could be interpreted to fulfill the requirement that the warnings not be placed where they may be permanently damaged or concealed when opening the pack, but because it is not explicitly addressed, the regulatory status is “Uncertain.”
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specifically prohibit the placement of warnings where they may be 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 Decree-Law requires that the warnings “be done indelibly, not obscured, hidden or separated by other statements or images,” and the Statutory Order requires they be presented in a “clear and legible fashion.” Additionally, the Statutory Order clarifies that for non-cigarette tobacco products, the bar code can be shown on any surface, “as long as it does not conceal any of the health warning.” The Statutory Order also specifies that a space shall be reserved on one of the lateral sides for the tax stamp. Combined, this is interpreted to mean that tax stamps and other required markings may not be placed where they may conceal the warnings.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require qualitative constituents and emissions messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituents and emissions messages on all tobacco product packaging.
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 emissions yields. Rather, the law requires that on one of the smaller surfaces of a package, “a statement of tar, nicotine and carbon monoxide content must be printed, in letters of a color that stands out in contrast to the background.” The term "statement" refers to quantitative emissions data as shown in the law's package mock-up. The Statutory Order clarifies that this information is to appear on the lower 50% of the right-side panel.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emissions yields as these can be misleading to consumers.
Plain or standardized packaging
Statutory Order No. 10/2018 requires many elements of plain packaging, including permitting the brand name or logo to be displayed only on the lower 15% of the front of the pack. In addition, the brand name or logo must be white on an aluminum gray background, “whenever this does not distort the brand logo.” All outside surfaces of packs not covered by health warnings or other required information shall be aluminum gray in color.
However, the Statutory Order does not require that the brand name be written in standard typeface, nor is the size specified. Other aspects of a plain packaging policy that do not appear to be addressed in the Statutory Order are standardized pack shape, size, and texture, or branding or promotional elements on individual cigarette sticks.
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. To more fully align with the FCTC Art. 11 Guidelines, the law should implement a plain packaging policy that fully standardizes product packaging.
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 Decree-Law and Statutory Order prohibit messages with “[t]exts, colors or figures, designations, figurative marks, symbols or other signs … that suggest that a particular product is less harmful than others, including trademarks such as ‘light, ultralight, mild, less tar, elegant’ or the respective translations.”
The law meets FCTC Art. 11 with respect to prohibiting misleading tobacco packaging and labeling.
