Last updated: February 24, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Tobacco Control Act requires health warnings on all unit packaging of all tobacco products.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The Tobacco Control Act requires health warnings on all outside packaging of all tobacco products.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
The law does not specifically state that warning text must be in English. However, by law, the warnings must conform to the requirements prescribed by the Minister as set out in Schedule 2 of the Tobacco Control Regulations. The health warnings contained in the schedule are in English.
The law meets FCTC Art. 11 with respect to warnings being in the principal language of the country. For greater clarity, the law or regulations should specify that the text of the health warnings must be in English.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The Tobacco Control Regulations require that health warnings not be placed where they are capable of being distorted, damaged, concealed, obliterated, removed or rendered unreadable when the package is opened.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law requires that health warnings not be placed where they are capable of being concealed. This is interpreted as requiring that tax stamps not be placed where they may conceal warnings or messages.
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 Tobacco Control Regulations require a qualitative constituents and emissions message to appear on 100% of the top panel of unit packaging. On a "package which contains several unit packages" (e.g., carton), the statement must appear on all sides. The statement must read: "Tobacco smoke contains over 70 substances known to cause cancer."
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The Tobacco Control Regulations prohibit any "figurative language, trademark, colour, combination of colours, number, image, symbol, or any other sign of any kind" that is likely to mislead consumers. "Figurative language" is interpreted as including figures for emissions yields.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
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 Tobacco Control Act prohibits tobacco product packaging and labeling “by any means including a term, descriptor, trademark, figurative or other sign that is false misleading, deceptive or likely to directly or indirectly, create an erroneous impression about the products characteristics, health effects, hazards or emissions.”
The law meets FCTC Art. 11 in this respect.
