Last updated: July 29, 2022
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Tobacco Control Law and Regulations require health warnings on all unit packaging and outside packaging. The Labeling Regulations, Art. 9, provide the specific requirements for warnings on unit packaging.
The law meets FCTC Art. 11 with respect to requiring warnings on all unit packaging and labeling.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The Tobacco Control Law and Regulations require health warnings on all unit packaging and outside packaging. The Labeling Regulations, Art. 10, provide the specific requirements for warnings on outside packaging.
The law meets FCTC Art. 11 with respect to requiring warnings on all outside packaging and labeling.
Warning texts must be in the principal language(s) of the country
The Tobacco Control Law and Labeling Regulations require that health warnings on tobacco product packaging to be in the Spanish language.
The law meets FCTC Art. 11 with respect to warnings being 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
The Labeling Regulations require that health warnings be placed in such a way that “normal opening of the pack does not damage or conceal permanently the text or the image of the health warning.”
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
The Tobacco Control Law prohibits affixing labels or other materials that hide health warnings. The Labeling Regulations likewise state that “health messages may not be obstructed by other kind of information on the packaging.” This is interpreted as prohibiting tax stamps or other markings placed in a way that conceals health warnings.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The Tobacco Control Law and Labeling Regulations require that qualitative information on constituents and emissions be printed on one lateral side of tobacco product packaging. However, of the six lateral side warnings issued by the Ministry of Health, two of the statements contain qualitative constituents and emissions information. The regulatory status code “Yes” is given because the law contains an affirmative requirement to include qualitative information about constituents and emissions on packaging.
However, to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the Ministry of Health should issue qualitative constituents and emissions statements for each of the tobacco product pack designs.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The Tobacco Control Law does not contain an affirmative prohibition on the display of figures for emission yields. However, the law prohibits false and misleading information on tobacco product packaging. The Labeling Regulations further clarify that “phrases, images or any other kind of message” that “may lead the public to suppose that one tobacco product is less harmful than another in terms of its content, risks or emissions” is prohibited. Arguably, this could be interpreted as prohibiting the display of figures for emission yields. However, because the law does not contain an affirmative prohibition, the regulatory status code “No” is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly prohibit the display of figures for emission yields because these figures can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Costa Rica. 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)
The Tobacco Control Law and Labeling Regulations prohibit on tobacco product packaging incorrect, false, or misleading information. Specifically prohibited are the terms “low in tar,” “light,” “ultra-light,” “mild,” “extra,” “ultra,” and any other term that “may lead the public to suppose that one tobacco product is less harmful than another in terms of its content, risks or emissions.”
The law meets FCTC Art. 11 with respect to false or misleading tobacco product packaging.
