Last updated: February 3, 2023
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires health warnings to be displayed on “any pack, carton or case of tobacco.” In addition, the definition of “health messages and warnings” states that warnings are required on primary and secondary packaging.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires health warnings to be displayed on “any pack, carton or case of tobacco.” In addition, the definition of “health messages and warnings” states that warnings are required on primary and secondary packaging.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
The law requires health warnings “in French and in the spoken languages.”
The law meets FCTC Art. 11 in this respect.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
Warnings must be displayed in a manner that ensures that they will not be “disguised, concealed or separated” by “the opening of the pack.” In addition, the law requires that packages must not include “characteristics designed to change the package after retail sale.” This includes labels that are detachable, designed to be crossed out, fold, or allow an image or text to appear after sale.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law requires that health warnings be displayed in a manner that ensures that they will not be “disguised, concealed or separated” by “tax stamps and other information.”
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires “listing the relevant components and emissions of the product" and authorizes the Minister of Health to define the “nicotine and tar content of cigarettes… and information concerning the composition and emissions of tobacco products.” Further, Decree No. 2018-217 states that products must “exhibit information on the ingredients and emissions.” This information will be defined by an administrative order of the Minister of Health, which has not yet been issued. Therefore, the regulatory status code for qualitative (descriptive) disclosures is "Uncertain."
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law or implementing regulations should require the display of qualitative (descriptive) constituents and emissions disclosures.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law specifically prohibits the display of “quantitative information such as levels of tar, nicotine or indications of reduced levels of nitrosamine or prohibited statements.” Therefore, the display of figures for emission yields is prohibited.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Plain or standardized packaging
Article 6 of Decree No. 2018-217 states that “packaging must be plain, and may contain at most two contrasting colors, and nothing else.” The decree also defines the term “plain packaging.” However, an administrative order with further details needs to be issued in order to implement this requirement. Therefore, plain packaging is currently 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)
Article 10 states: “It is prohibited to state on packs or cartons qualitative and quantitative information such as levels of tar, nicotine or indications of reduced levels of nitrosamine or prohibited statements.” Under this provision, terms such as “low tar” are likely prohibited. However, other misleading indicia, such as colors or numbers, are likely not covered. Therefore, the regulatory status code “Some Restrictions” is given.
To meet FCTC Art. 11, the law should clearly prohibit all misleading tobacco product packaging and labeling, including terms, descriptors, trademarks, and figurative and other signs.
