Last updated: July 19, 2021
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires warnings on all “materials in which the product is directly packaged for sale as a separate unit when offered to the consumer [or] . . . the individual package.” The law meets FCTC Art. 11 with respect to warning labels on unit packaging.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires warnings on all “materials in which the product is directly packaged for sale as a separate unit when offered to the consumer [or] . . . the individual package.” This is interpreted as requiring warnings on outside packaging and labeling such as cartons. The law meets FCTC Art. 11 in this respect. To fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, however, 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
The law requires health warnings in Arabic on the front panel and English on the back panel. The law meets FCTC Art. 11 with respect to requiring warnings 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 law provides that “the warnings shall be written in such a way . . . that it is not affected by opening the package.” The law aligns with FCTC Art. 11 Guidelines para. 8, which describes health warning positioning.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law provides that “the warnings shall be written in such a way . . . that the text is not hidden or concealed or overlapping with other text or image . . . .” Although the law does not explicitly address tax stamps, the law’s broad phrase, “other image,” is interpreted as encompassing tax stamps.
The law accordingly aligns with FCTC Art. 11 Guidelines para. 10.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require the display of qualitative (descriptive) constituents and emissions messages. Standard Specifications Art. 4.2.4 conversely requires the display of “the percentage of tar, nicotine, and carbon monoxide on cigarette packages and the percentage of nicotine on other tobacco products.” 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 and prohibit the display of figures for emission yields.
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. Standard Specifications Art. 4.2.4 conversely requires the display of “the percentage of tar, nicotine, and carbon monoxide on cigarette packages and the percentage of nicotine on other tobacco products.” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as these figures can be misleading to consumers.
Plain or standardized packaging
Plain or standardized 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 law prohibits describing tobacco products as, among others, “light,” “extra light,” “gentle,” or “low tar” or using similar terms in such a way that there could be a mistaken impression about a product’s attributes or could convey the idea that a product is less harmful than another. This prohibition applies to general descriptions of tobacco products, product labeling, and descriptive data. The law accordingly regulates the use of misleading terms in advertising and promotion. The law, however, does not prohibit the use of colors, numbers, symbols, or other indicia that can mislead or deceive consumers.
To meet FCTC Art. 11, the law should clearly prohibit all misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos or brand images) that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.
