LANGUAGE
Last updated: May 7th 2019

Other Packaging and Labeling Requirements

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

Yes
Analysis

The law requires "(e)ach pack, carton or case of tobacco products, and any other forms of packaging or outer or inner labeling of these products, (to) bear health warnings in the form of written or illustrated warnings" as prescribed by the Minister of Health, and to be labeled in accordance with the manner prescribed by the Minister of Health. The law meets FCTC Art. 11 with respect to requiring warnings on unit packaging and labeling.

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

Yes
Analysis

The law requires "(e)ach pack, carton or case of tobacco products, and any other forms of packaging or outer or inner labeling of these products, (to) bear health warnings in the form of written or illustrated warnings" as prescribed by the Minister of Health, and to be labeled in accordance with the manner prescribed by the Minister of Health. The law meets FCTC Art. 11 with respect to requiring warnings on outside packaging and labeling.

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

Yes
Analysis

An implementing decree requires that health warnings and other messages to be in French and also in the other principal national languages. The law meets FCTC Art. 11 with respect to requiring warning text to be in the principal languages 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

Yes
Analysis

An implementing decree requires that warning messages must not be obscured, veiled or separated by other statements or images, or by the opening of the pack. 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

Yes
Analysis

An implementing decree requires that warning messages must not be obscured, veiled or separated by other statements or images, or by the opening of the pack. The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

For clarity and to better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, any subsequent implementing instruments should require that the tax stamps or other required markings may not be placed where they may conceal prescribed health warnings.

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

Yes
Analysis

The law states "(e)ach pack or carton of tobacco products and all kinds of outside packaging and labeling of these products must wear besides warnings, information regarding pertinent constituents and emissions of tobacco products." Joint Administrative Decree No. 2015-366 clarifies that this information must be qualitative.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to the display of qualitative (descriptive) constituents and emissions disclosures.

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

No
Analysis

The law states "(e)ach pack or carton of tobacco products and all kinds of outside packaging and labeling of these products must wear besides warnings, information regarding pertinent constituents and emissions of tobacco products." Joint Administrative Decree No. 2015-366 clarifies that this information must be qualitative. However, the law does not affirmatively prohibit the display of figures for emissions yields from appearing on product packaging. 

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly prohibit the display of figures for emissions yields, which may be misleading to consumers.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Burkina Faso; however, an implementing decree states that "the use of logos, colors, brand images or promotional texts on packages apart from the name of the brand and that of the product printed in normal characters and in an ordinary color, is forbidden." As of the date of this review, there is no Administrative Order in effect to implement this provision.

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 product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images that directly create a false impression that a tobacco product is less harmful than other tobacco products)

Yes
Analysis

The law provides that "(t)he packaging and labeling of tobacco products must not serve to promote a tobacco product in a false, tendentious or misleading fashion, or one that is likely to give an erroneous impression with regard to the characteristic, health effects, risks or emissions of the product.”

Moreover, an implementing decree clarifies that "(i)n application it is forbidden to have appear on the packaging and labeling of tobacco products descriptive terms, commercial marks, figurative or other signs that directly or indirectly give the erroneous impression that a particular tobacco product is less harmful than others, particularly with certain terms such as "low in tar contents, "light", "ultra-light" or "mild" or "high end", low end" or any other term having a similar meaning, even in other languages."

The law meets FCTC Art. 11 with respect to misleading terms, descriptors, signs, or symbols.