Last updated: April 13, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Public Health Act requires that all tobacco products carry a health warning on the “package.” “Package” is defined as “a packing, carton, wrapping or any other container in which tobacco or a tobacco product is generally sold by retail.” Because unit packages are sold at retail, warnings are required on all unit packaging and labeling.
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)
The Public Health Act requires that all tobacco products carry a health warning on the “package.” “Package” is defined as “a packing, carton, wrapping or any other container in which tobacco or a tobacco product is generally sold by retail.” Because “outside packaging and labeling” are sold at retail, warnings are required on all outside packaging and labeling.
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
The Tobacco Control Regulations, 2016 and the FDA Guidelines specify that the text of the warnings shall be in English.
The law meets FCTC Art. 11 in this respect.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The Tobacco Control Regulations, 2016 specify that the visibility of the health warning must not be "susceptible ... to being damaged, concealed, obstructed, obscured, disrupted, covered or changed by any markings, package design feature or mechanism, or by anything supplied by the manufacturer or seller."
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 Regulations, 2016 specify that the visibility of the health warning must not be "susceptible ... to being damaged, concealed, obstructed, obscured, disrupted, covered or changed by any markings, package design feature or mechanism, or by anything supplied by the manufacturer or seller." The FDA Guidelines contain similar language and specifically list stamps among those things that may not in any way conceal or obstruct 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 FDA Guidelines state that both unit and outside packaging of smoked tobacco products should display "information on the constituents and emissions of the product as specified by the electronic file." Three statements have been issued:
- Tobacco contains Nicotine which is addictive.
- Smoke from tobacco contains Carbon Monoxide that affects breathing.
- Arsenic causes cancer of the lung, skin, bladder, liver and kidney.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The Public Health Act prohibits the use of figures that create the impression that a particular tobacco product is less harmful than another tobacco product. This is interpreted as prohibiting the display of figures for emissions yields.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Plain or standardized packaging
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)
The Public Health Act prohibits tobacco product packaging and labeling that is false, misleading or deceptive, including the use of a term, description, trademark, figurative or any other expression that directly or indirectly creates the impression that a tobacco product is less harmful than another. Such terms include: “light”, “ultra-light”, “mild” and “low tar” and any other expression which creates the impression that the product is less harmful or has beneficial effects. The FDA Guidelines contain similar provisions.
The law meets FCTC Art. 11 with respect to prohibiting misleading tobacco product packaging.
