LANGUAGE
Last updated: September 17th 2019

Other Packaging and Labeling Requirements

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

Yes
Analysis

The law requires that health warnings are displayed on any tobacco product sold or imported in a package. “Package” is defined as “any packing, carton wrapping or any other container in which tobacco products are generally sold by retail or wholesale.” Thus, warnings are required on unit packaging. The law meets FCTC Art. 11 in this regard.

Law Source, Section

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

Yes
Analysis

The law requires that health warnings are displayed on any tobacco product sold or imported in a package. “Package” is defined as “any packing, carton wrapping or any other container in which tobacco products are generally sold by retail or wholesale.” Thus, warnings are required on unit packaging. The law meets FCTC Art. 11 in this regard.

Law Source, Section

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

Yes
Analysis

The regulations require that the health warnings text be in the official language of Namibia. The regulations meet FCTC Art. 11 in this regard.

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 cannot be destroyed or become unreadable when the packaging is opened. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this regard.

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

No
Analysis

There is no specific requirement under the law or the regulations that tax stamps or other required markings may not be placed where they may conceal the health warnings or messages. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, regulations should specify that tax stamps or other required markings may not be placed where they may conceal the health warnings.

Law Source, Section

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

Yes
Analysis

The regulations require packaging to display the following statement - This product contains nicotine, tar and other harmful chemicals. The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this regard.

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

No
Analysis

The law requires that “the quantities of the constituents present in the tobacco product” must be displayed on packages. “Constituent” is defined to include nicotine and tar and any other constituent of a tobacco product or of tobacco smoke which the Minister of Health may declare as a constituent. Although the Minister of Health has yet to issue regulations providing the required statement, it is clear that quantitative disclosure could be required on tobacco product packaging.

This provision on displaying descriptive constituents and emissions does not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines. FCTC Art. 11 Guidelines para. 34 states: "Parties should not require quantitative or qualitative statements on tobacco product packaging and labelling about tobacco constituents and emissions that might imply that one brand is less harmful than another, such as the tar, nicotine and carbon monoxide figures. . . ." To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields.

Law Source, Section
Articles 1, 16(1)(d), 37

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Namibia. 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 display of any wording such as "mild", "low tar" or "light", or any other word, term or sign that directly or indirectly creates an impression that a particular tobacco product or brand is less harmful than others. The regulations meet FCTC Art. 11 in this regard.