Last updated: September 17, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The resolution requires that warnings are displayed on all primary and secondary packaging, which encompasses unit and outside packaging and labeling. The law meets FCTC Art. 11 in this regard.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The resolution requires that warnings are displayed on all primary and secondary packaging, which encompasses unit and outside packaging and labeling. The law meets FCTC Art. 11 in this regard.
Warning texts must be in the principal language(s) of the country
ANVISA Resolution No. 195 provides the warnings as they should be displayed on tobacco product packaging and labeling. The warnings are in Portuguese, the principal language of the country. Thus, 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
The resolution prohibits separating health warnings in any way, partial or completely, even if it is only during the act of opening the packaging. The resolution aligns with 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 resolution requires that neither the control stamp of the Federal Revenue Agency nor any other seal conceal health warnings. The resolution aligns with the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
Nine rotating messages are required to display qualitative (descriptive) constituents and emissions information including: benzene, ammonia, heavy metals, arsenic, nitrosamines, formaldehyde, cyanide, nicotine, and carbon monoxide. Messages are required to be printed on 75% of one lateral side of the package. Each of the nine messages is to be printed along with a specific pictorial health warning label on the same package.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The resolution prohibits the display of levels of tar, nicotine, and carbon monoxide on cigarette packs. The resolution aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to prohibiting the display of figures for emission yields.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Brazil. 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)
Decree No. 8.262 of May 31, 2014 amends Decree No. 2.018 to prohibit on all tobacco product packaging the use of “words, symbols, sound devices, drawings or images that could . . . create the false impression that one brand is less harmful to health than another.”
In addition, ANVISA has issued a resolution which prohibits the use of descriptors on packaging that “might induce customers to make a mistaken interpretation regarding the content levels contained in these products, such as: class(es), ultra-low content, low content levels, smooth, light, soft, mild, moderate content levels or high content levels, among others.”
However, while it is clear that terms and symbols are prohibited, it is unclear whether the use of signs such as colors or numbers are prohibited under the law. To meet FCTC Art. 11, the law should clearly prohibit all misleading tobacco product packaging and labeling, including colors and numbers.
