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Last updated: April 20th 2020

Other Packaging and Labeling Requirements

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

Yes
Analysis

The regulations require health warnings on all tobacco product “packages,” which is defined to include both unit packaging and cartons. Therefore, warnings are required on all unit packaging and labeling.

The regulations meet FCTC Art. 11 with respect to warnings on unit packaging.

Law Source, Section

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

Yes
Analysis

The regulations require health warnings on all tobacco product “packages,” which is defined to include both unit packaging and cartons. Therefore, warnings are required on all outside packaging and labeling.

The regulations meet FCTC Art. 11 with respect to warnings on outside packaging.

Law Source, Section

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

Yes
Analysis

The regulations require that labeling information be printed in English, the principal language in Jamaica.

The regulations meet FCTC Art. 11 with respect to warnings being in the principal language(s) 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 regulations require that health warnings are located “in such a way that the health warning will not be permanently damaged when the pack is opened.”

The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to not placing warnings where they may be damaged or concealed when opening the package.

Law Source, Section

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

Yes
Analysis

The regulations state that “health warnings shall not be obscured by any other display component, unless required by law.” In addition, the regulations prohibit the use of any device or other item to “cover, obscure, mask, alter, or otherwise disguise the health warnings on tobacco product packages.” Together, we interpret these provisions as protecting warnings from being concealed by tax stamps or other required markings.

The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to not placing warnings where they may be concealed by tax stamps or other required markings.

Law Source, Section
Art. 4; First Schedule, Standard 5(4)

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

Yes
Analysis

The regulations require that a qualitative statement about constituents and emissions, called a “declaration,” occupy 100% of one side panel. The declaration is to be printed in black text on a yellow or white background. The current declaration states: “Smoke from this product contains extremely addictive nicotine and toxic substances such as tar and carbon monoxide. No safe level of consumption exists for this product.”

The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to requiring a qualitative constituents and emissions message.

Law Source, Section
First Schedule, Standards 18-21; Part VI

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

Yes
Analysis

The regulations prohibit on any tobacco package or carton the use of “a number associated with a smoking machine yield, including use of such a number in a brand name.” This provision effectively prohibits the display of figures for emission yields.

The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a prohibition on the display of figurative yields.

Law Source, Section

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Jamaica. 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 regulations prohibit the use on product packaging and labeling of any item that may suggest or imply that “use [of the tobacco product] or exposure to its smoke or emissions is not hazardous or is less hazardous than that of other tobacco products or any similar product.” This includes a prohibition of terms such as “light,” “ultra,” “mild,” and similar words, whether or not it is part of the brand name. It also covers any graphics, numbers, other package design characteristics, or any other sign that may be misleading or create a false impression.

The regulations meet FCTC Art. 11 with respect to a prohibition on misleading tobacco product packaging and labeling.

Law Source, Section
Art. 5; First Schedule, Standards 29, 30