LANGUAGE
Last updated: September 17th 2019

Other Packaging and Labeling Requirements

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

Yes
Analysis

The law requires health messages on all "cigarettes packaging." This is interpreted to require warnings on all unit packaging of cigarettes. However, it does not require health warnings on unit packaging of other tobacco products.

The law meets FCTC Art. 11 with respect to unit packaging and labeling of cigarettes. However, to fully meet FCTC Art. 11, the law should require warnings on unit packaging of all tobacco products.

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

Uncertain
Analysis

The law requires health messages on all "cigarettes packaging." It is unclear whether this applies to outside packaging of cigarettes as well as unit packaging. As a result, the regulatory status "Uncertain" is given.

However, it is clear that the law does not require health warnings on any packaging (outside or unit) of tobacco products other than cigarettes.

To meet FCTC Art. 11, the law should require health warnings on all unit packaging and labeling of tobacco products, not just cigarettes.

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

Uncertain
Analysis

The law does not specify that warning text must be in the principal language of the country, nor does it provide any authorized warning text (in any language). Therefore, it is uncertain whether warnings must be in the principal language of the country.

To meet FCTC Art. 11, the law should explicitly require that warnings 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

Uncertain
Analysis

The law states that warnings must be clear and fixed in a place that is completely visible. However, the law does not explicitly state that warnings may not be placed where they may be permanently damaged or concealed when opening the pack. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly state that warnings may not be placed where they may be permanently damaged or concealed when opening the pack.

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

Uncertain
Analysis

The law states that warnings must be clear and fixed in a place that is completely visible. However, the law does not explicitly state that tax stamps or other markings may not be placed where they may conceal warnings or messages. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly state that tax stamps or other markings may not be placed where they may conceal warnings or messages.

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

No
Analysis

The law does not require the display of qualitative constituents and emissions messages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require the display of qualitative constituents and emissions messages.

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 emissions yields. Rather, the law requires the display of nicotine and tar content on cigarette packages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emissions yields, including tar, nicotine, and carbon monoxide as these can be misleading to consumers.

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 notice ability 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)

No
Analysis

The law does not prohibit misleading tobacco product packaging and labeling. To the contrary, the law requires cigarette packaging to display "'low', 'medium' or 'high' classifications relating to the respective grades of tobacco." This classification is potentially misleading to consumers.

To meet FCTC Art. 11, the law should prohibit misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.