Analysis
Combined picture/text warnings must occupy 65% of the front and back sides of packaging for smoked tobacco products, excluding cigars, cigarillos and heated tobacco products. There were originally 15 picture images in the set of health warnings (set out in Decision 7); however, 4 of the images were repealed (in Decision 8). Therefore, there are now 11 images in the set of health warnings. Each image has three associated text warnings which must be rotated in a manner so as to “ensure consistent display.” The law does not set an explicit time period for rotation. Along with the image and text warnings, a cessation message (“You can quit smoking. Contact your family doctor.”) must appear on both sides of the package. In addition, there is a general warning (“Smoking kills – quit now” or “Smoking kills”) and an information message (“Tobacco contains over 70 substances that cause cancer”). One of these warnings must occupy at least 50% of one of the side surfaces. The general warning or informational message must be rotated to ensure that they are displayed regularly.
For cigars and cigarillos, health warnings must cover 30% of the two largest sides of the packaging.
The law meets FCTC Art. 11 and aligns with the FCTC Art. 11 Guidelines with respect to size, location, and rotation of health warnings on packages of smoked tobacco products, excluding cigars, cigarillos and heated tobacco products.
The law meets the minimum requirements of FCTC Art. 11 for cigars and cigarillos, in that the warnings occupy at least 30% of the two principal display areas of the package. However, to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require warnings on cigars and cigarillos to be composed of pictures and text, and to appear on at least 50% of each principal display area.
