LANGUAGE
Last updated: June 1st 2020

Other Packaging and Labeling Requirements

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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco requires health warnings on the “outside packages and labeling of tobacco products” sold within the country. “Outside packages and labeling” is not defined but is interpreted to mean all packaging used in retails sale. Therefore, health warnings are required on unit packaging and labeling.

The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling. However, the law would be clearer if it contained a definition of “outside packaging and labeling” in accordance with the definition provided in FCTC Art. 11.

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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco requires health warnings on “outside packages and labeling of tobacco products” sold within the country.

Therefore, the law meets FCTC Art. 11 with respect to warnings on outside packaging and labeling when it comes into effect.

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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco explicitly requires health warning text and other information appear in the Spanish language.

The law meets FCTC Art. 11 with respect to warnings appearing 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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco affirmatively requires that health warnings “not be obstructed by any means.” This provision is interpreted as requiring that warnings not be placed where they be damaged or concealed when opening 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

The Organic Law for the Regulation and Control of Tobacco affirmatively requires that health warnings “not be obstructed by any means.” This provision is interpreted as requiring that tax stamps and other required markings not be placed where they may conceal health warnings or messages.

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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco requires that information on constituents and emissions be qualitative only. The following message on constituents and emissions must occupy 70% of one side of the package: “This product is highly addictive. It contains nicotine and thousands of chemical substances; many of these are toxic and carcinogenic.” In addition, each of the prescribed health warnings in the seventh round contains information about a harmful constituent.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring qualitative constituents and emissions information.

Law Source, Section
Ministry of Public Health Decision No. 188-2018 on Approved Health Warnings

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

Yes
Analysis

The Organic Law for the Regulation and Control of Tobacco requires that information on constituents and emissions be qualitative only. Therefore, the display of figures for emission yields is prohibited.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a prohibition on the display of figures for emissions yields.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Ecuador. 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 Organic Law for the Regulation and Control of Tobacco prohibits the use on tobacco product packaging of false, erroneous or deceptive information with respect to the characteristics, health effects, risks or emissions of tobacco products. This ban includes “terms, descriptive elements, figurative symbols or those of another kind that have the direct or indirect effect of creating the false impression that a particular tobacco product is less harmful than another.” Several examples of misleading terms are provided, including “filter plus,” “low in tar,” and “light.”

The law meets FCTC Art. 11 in this respect.