Last updated: May 8, 2023

Other Packaging and Labeling Requirements

Warning requirements on unit packaging and labeling (e.g., packs)

Yes
Analysis

The law requires health warnings on "each pack or carton of tobacco products." Therefore, warnings are required on all unit packaging and labeling.

The law meets FCTC Art. 11 in this respect.

Warning/messages required on outside packaging and labeling (e.g., cartons)

Yes
Analysis

The law requires health warnings on "each pack or carton of tobacco products." Therefore, warnings are required on all outside packaging and labeling.

The law meets FCTC Art. 11 in this respect.

Warning texts must be in the principal language(s) of the country

Yes
Analysis

Although the law does not specifically state that warning text must be in French (the official language of the country) or any other national language, the text of the issued warnings is in French.

The law meets FCTC Art. 11 with respect to the warnings in the principal language.

A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack

Yes
Analysis

The decree requires that the warnings not be hidden, obscured, or separated by other instructions or images or by the mechanism for opening the pack.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring that the warnings or messages not be placed where they may be permanently 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

Yes
Analysis

The decree requires that the warnings not be hidden, obscured, or separated by other instructions or images. In addition, the decree states that the warnings shall be printed so that they are visible, legible, indelible, and irremovable. Together, these provisions are interpreted as requiring that tax stamps and other required markings not be placed where they may conceal the health warnings.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring that tax stamps or other required markings not be placed where they may conceal warnings or messages.

A requirement to display qualitative (descriptive) constituents and emissions messages

No
Analysis

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 products.

Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)

No
Analysis

The law does not specifically prohibit the display of figures for emission yields.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly prohibit the display of figures for emission yields.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Benin. 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)

Yes
Analysis

The law prohibits the use of "terms such as 'low in tar content,' 'light,' 'ultra-light,' 'mild,' or other misleading terms," as well as any packaging and labeling "that are susceptible to giving an erroneous impression with respect to the characteristics, health effects, risks or emissions of the product."

The law meets FCTC Art. 11 with respect to prohibiting misleading packaging and labeling.