Last updated: September 17, 2019

Other Packaging and Labeling Requirements

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

Yes
Analysis

The law requires that all packages of cigarettes and other tobacco derivative products display two health warnings. The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling.

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

Yes
Analysis

The law requires health warnings on “packages of cigarettes and other tobacco derivative products.” Decree No. 0284 defines “packages” to include “any container, receptacle or envelope in which tobacco products are distributed and sold to consumers.” Thus, health warnings are required on both unit (e.g., pack) and outside (e.g., carton) packaging. The law meets FCTC Art. 11 with respect to warnings on outside packaging and labeling.

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

Yes
Analysis

The law requires that the health warning, among other messages, must appear in French. The law meets FCTC Art. 11 with respect to requiring warnings 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 law requires that warnings or messages not be placed where they may be permanently 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

No
Analysis

The law does not require that tax stamps or other required markings not be placed where they may conceal warnings or other messages. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.

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

No
Analysis

The law does not require the display of qualitative (descriptive) constituents and emissions messages. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law affirmatively should include this requirement.

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 emission yields. Instead, the law requires the display of tar and nicotine contents on one lateral side. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of emission yield figures as such figures 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 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)

No
Analysis

Misleading terms, descriptors, and other signs are not currently prohibited. To meet FCTC Art. 11, the law should prohibit not only the use of terms and descriptors but also other signs such as colors, logos, and brand images that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.