Last updated: September 17, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
As of December 1, 2012, the regulations require warning messages on all retail packages. The definition of “retail packaging” includes any package sold at retail, including unit packaging and two or more unit packages combined in a larger package. The regulations meet FCTC Art. 11 with respect to warning labels on unit packaging.
Warning/messages required on outside packaging and labeling (e.g., cartons)
As of December 1, 2012, the regulations require warning messages on all retail packages. The definition of “retail packaging” includes any package sold at retail, including unit packaging and two or more unit packages combined in a larger package (e.g., cartons). The regulations meet FCTC Art. 11 with respect to warning labels on outside packaging.
Warning texts must be in the principal language(s) of the country
As of December 1, 2012, tobacco packaging must contain the English language warning messages provided in Parts 3 through 8 of the regulations. The regulations meet FCTC Art. 11 with respect to requiring warning text to be in the principal language of the country.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
As of December 1, 2012, the regulations require that the health message or graphic must not be likely to be “obliterated, removed, or rendered permanently unreadable” by opening the package in a normal way. With regard to flip-top packages, this includes that no part of the graphic health warning is to be obscured when the flip-top lid is closed. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
As of December 1, 2012, the regulations require that warning messages must be clear and legible and not obscured or obliterated “in any way.” We interpret this provision as requiring that tax stamps or other required markings may not be placed where they may conceal health warnings or messages. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
A requirement to display qualitative (descriptive) constituents and emissions messages
As of December 1, 2012, packages of cigarettes and other packages of tobacco such as pouches or cylinders must contain an “information message.” There are fourteen different information messages, one accompanying each of the graphic health warnings applicable to these tobacco product packages. The majority of the statements relate information about the constituents and emissions of tobacco smoke. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituent and emissions disclosures.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not specifically prohibit the display of figures for emission yields on packaging. However, the law specifies each of the elements that are allowed to appear on tobacco product packaging, effective December 1, 2012, and figurative yields are not included. This essentially prohibits the display of figures for emission yields. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
Plain or standardized packaging
As of December 1, 2012, all products appearing on the market are required to have plain packaging. It is illegal to sell the old stock.
Under the requirements of the plain packaging law and regulations, the packages must be “drab dark brown,” made of cardboard, rectangular in shape, with no trademarks or other marks anywhere on the outer surface or inner surface of the package (with the exception of markings required by law, such as origin marks and calibration marks). Other than health warnings, tobacco packages may contain only: brand, business, or company name; relevant legislative requirements; and any other mark or trade mark permitted by regulations issues under the Tobacco Plain Packaging Act (see Regulation 2.3.1 of the Tobacco Plain Packaging Regulations 2011). Packages may not have inserts or onserts, make a noise, or produce a scent, and may not include any features designed to change after retail sale.
The law and regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.
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)
Because plain packaging is required, the law prohibits misleading packaging and labeling. The law specifies each of the elements that are allowed to appear on tobacco product packaging and, in many cases, specifically states that these elements (e.g., alphanumeric code, consumer contact telephone number) may not be misleading, deceptive, or likely to create an erroneous impression about the characteristics, health effects, hazards or emissions of the tobacco product. Similar prohibitions apply to elements of the tobacco product itself (e.g., paper casing, color of the filter tip). The regulations meet FCTC Art. 11 with respect to a prohibition on misleading tobacco product packaging and labeling.
