Analysis
The law requires that all forms of tobacco product packaging and exterior labeling have “markings and images describing the harmful effects of tobacco, and health warnings such as: ‘Seriously harmful to your health,’ on at least 30% of the surface of the pack or carton of cigarettes.” Decree No. 2018-217 does not distinguish between smoked and smokeless tobacco products and requires warnings on all tobacco product packaging.
According to the definition of “health messages and warnings,” warnings include “images accompanying required text and messages.”
Manufacturers and importers must select four health warnings from a prescribed series to be used simultaneously over the course of 24 months. The four selected health warnings must appear on an equal number of packages over that period. When a new series of warnings is introduced, warnings from both series may appear at the same time during a six-month transition period.
An administrative order detailing the exact size, location/placement, and contents has not yet been issued.
To meet FCTC Art. 11 and fully align with the FCTC Art. 11 Guidelines, the administrative order should require health warnings and messages that cover more than 50% of the principal display areas.
