Last updated: October 1, 2020

Other Packaging and Labeling Requirements

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

Yes
Analysis

Law No. 18-11 requires a general health warning on "the most visible part of the packaging" of tobacco products. Although the term "packaging" is not defined, this provision is interpreted as requiring health warnings on all unit packaging.

In addition, the law requires a specific warning on all unit packets of cigarettes.

The law meets FCTC Art. 11 in this respect.

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

Uncertain
Analysis

Law No. 18-11 requires a general health warning on "the most visible part of the packaging" of tobacco products. However, because the term "packaging" is not defined, it is unclear if the warning must appear on all outside packaging and labeling.

To meet FCTC Art. 11, the law should contain a definition of “outside packaging and labeling” and make clear that health warnings must be placed on all such items.

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

No
Analysis

Law No. 18-11 does not specify that the warning texts must be in the principal language of the country. Regulations have not yet been issued specifying further health warning requirements. Therefore, the regulatory status code "No" is given.

To meet FCTC Art. 11, the regulations should specify that health warnings must appear in the principal language(s) of the country.

Note, however, that Art. 43 of Executive Decree No. 04-331 provides that the health warning required on packages of snuff and chewing tobacco must appear in Arabic and French. This requirement does not apply more broadly to other tobacco products.

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

No
Analysis

The law does not require that warnings or messages not be placed where they may be permanently damaged or concealed when opening the pack.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.

A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages

No
Analysis

The law does not require that tax stamps or other required markings may not be placed where they may conceal warnings or other messages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.

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

No
Analysis

Law No. 18-11 states that "all forms of packaging and labelling of tobacco products shall bear indications about the primary toxic constituents and their emissions." However, the law does not specify that this information shall be qualitative only. Regulations are required to implement this provision.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the regulations should specify that the constituents and emissions information required on tobacco product packaging shall only be qualitative/descriptive.

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

No
Analysis

The law does not prohibit the display of figures for emission yields. Law No. 18-11 states that "all forms of packaging and labelling of tobacco products shall bear indications about the primary toxic constituents and their emissions." However, the law does not specify that this information shall be qualitative only. Regulations are required to implement this provision.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the regulations should prohibit the display of emission yield figures.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is 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)

No
Analysis

The law does not prohibit misleading tobacco product packaging and labeling.

To meet FCTC Art. 11, the law should clearly prohibit all misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images) that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.