Last updated: August 10, 2022

Disclosure Requirements

Disclosure by manufacturers and importers of cigarettes to government authorities of information on the contents and/or ingredients used in the manufacture of their cigarettes

Required
Regulatory Authority

Uncertain

Analysis

The law requires manufacturers, but not importers, to disclose ingredients (including additives, components, and types of flavorings) in tobacco products to the "relevant executive authority." However, it is uncertain what constitutes the "relevant executive authority." The law also does not define “ingredient” as comprehensively as the FCTC Arts. 9 & 10 Partial Guidelines. The disclosure of cigarette ingredients, accordingly, will not be as broad as that which is contemplated by the Guidelines.

The law partially aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that it requires disclosure by manufacturers to government authorities of information regarding some ingredients in cigarettes. To fully align, the disclosure requirements should apply to importers as well as manufacturers and require that information on all items that constitute ingredients under the Guidelines be disclosed.

Disclosure by manufacturers and importers of cigarettes to government authorities of information on the emissions of their cigarettes

Required
Regulatory Authority

Uncertain

Analysis

The law requires manufacturers, but not importers, to disclose of levels of tar, nicotine, and carbon monoxide in tobacco products to the "relevant executive authority." However, it is uncertain what constitutes the "relevant executive authority."

The law partially aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that it requires disclosure by manufacturers to government authorities of information on the emissions of their cigarettes. To fully align, the disclosure requirements should apply to importers as well as manufacturers.

Disclosed information readily available to the public

Not Required
Regulatory Authority

Uncertain

Analysis

The law does not require that disclosed information be made readily available to the public. Instead, the law states that the "relevant executive authority may require manufacturers to provide consumers with information about ingredients" or may disclose such information itself.

To align with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should require that disclosed information on contents and emissions be made readily available to the public.