LANGUAGE
Last updated: November 14th 2019

Other Packaging and Labeling Requirements

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

Yes
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Analysis

The law requires that all product packages contain warnings/messages, constituents and emissions disclosures. In addition, the ban on false or misleading packaging and labeling applies to unit packaging.

The law and regulations meet FCTC Art. 11(3).

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

Yes
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Analysis

The law requires that warnings/messages and constituents and emissions disclosures appear on external packaging and labeling. In addition, the ban on false or misleading packaging and labeling applies to unit outside packaging and labeling.

The law and regulations meet FCTC Art. 11(3).

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

Yes
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Analysis

The law requires that warnings/messages and constituents and emissions disclosures be in Spanish.

The law and regulations meet FCTC Art. 11(3).

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 RGLTC Art. 31 requirement that warnings be permanently available and visible at all times is interpreted to include a prohibition on damage and concealment. Additionally, Art. 38 requires that in cases where product packages are manufactured so that during their display, use, or consumption the interior or other faces are open as a basis for exhibiting the product, it must be considered as the front face and carry the warning.

These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

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

Yes
Analysis

The regulations provide that during the display and marketing of tobacco products it is forbidden to cover, distort, or obstruct in any way the visibility of health messages and pictograms on their outside packaging and labeling through the use of decals, bags, boxes, covers, or any other artifact.

This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

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

Yes
Analysis

Each of the prescribed warnings for packages of smoked tobacco products has related information on a constituent or emission.

This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

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.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as these figures can be misleading to consumers.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Mexico. 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
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Analysis

The regulations prohibit packaging and labeling which may lead to error regarding their features, health effects, risks, or emissions. The regulations also specifically prohibit the use descriptive terms, manufacturer’s or business trademarks, figurative symbols or phrases such as "low in tar," "light," "ultra-light," "smooth," "extra," "lights," "mild," "soft," or any other which in this or any other language may have the direct or indirect effect of creating the false impression that a particular tobacco product is less harmful than another. However, in practice, colors are still in use to denote characteristics of cigarettes.

Although the provisions of the law meet FCTC Art. 11, the implementation of the law does not. To meet FCTC Art. 11, all forms of misleading descriptors and images, including color schemes, should be prohibited.