Last updated: December 17, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law requires health warnings on all packs, cartons and any kind of outer packaging of tobacco products for sale in Niger.
Thus, the law meets FCTC Art. 11 with respect to outside packaging and labeling. To increase effectiveness, the health warnings and messages required on smokeless tobacco products should be prescribed by the Ministry of Health by administrative order.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law requires health warnings on all packs, cartons and any kind of outer packaging of tobacco products for sale in Niger.
Thus, the law meets FCTC Art. 11 with respect to outside packaging and labeling. To increase effectiveness, the health warnings and messages required on smokeless tobacco products should be prescribed by the Ministry of Health by administrative order.
Warning texts must be in the principal language(s) of the country
Administrative Order No. 442 requires that the health warnings be written in French.
The law meets FCTC Art. 11 with respect to warning texts 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
An administrative order requires that health warnings are not "hidden, obscured, covered over or separated by other indications, images or logos, or by the opening of the pack."
The law and implementing regulations align 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
An administrative order requires that health warnings are not "hidden, obscured, covered over or separated by other indications, images or logos, or by the opening of the pack." Further, required markings (although not tax stamps explicitly) must be displayed on the sides of packaging for cigarettes and cigars, whereas health warnings are displayed on the main surfaces of the packaging.
Therefore, the law and implementing regulations are interpreted to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law and administrative order do not require qualitative (descriptive) constituent and emissions messages.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law and administrative order should require that qualitative statements be displayed on each unit packet or package about the emissions of the tobacco product.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit display of figures of emissions yield, but rather requires the display of tar and nicotine content.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as such yields are misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Niger. 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 law prohibits “any packaging or labeling of tobacco products that contributes to the promotion of a tobacco product by any means that are likely to give a false impression regarding the characteristics, health effects, risk or emission of the product, including descriptive terms, commercial brands, figurative signs or others that give the impression, directly or indirectly, that a tobacco product is less harmful than others.”
Therefore, misleading tobacco packaging and labeling are prohibited. These provisions meet FCTC Art. 11 with respect to misleading tobacco packaging and labeling.
