LANGUAGE
Last updated: February 7th 2020

Other Packaging and Labeling Requirements

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

Yes
Analysis

NIS 463:2014 requires that a health warning be place on unit packaging and labeling of cigarettes; however warnings are not required on unit packaging or other smoked tobacco products or smokeless tobacco products. To meet FCTC Art. 11, the law or regulations should require that health warnings be placed on unit packaging of all tobacco products.

Once the health warning requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, health warnings will be required on all unit packaging of all tobacco products and will meet FCTC Art. 11 requirements in this respect.

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

Yes
Analysis

NIS 463:2014 requires that a health warning be place on outside packaging and labeling of cigarettes; however warnings are not required on outside packaging or other smoked tobacco products or smokeless tobacco products. To meet FCTC Art. 11, the law or regulations should require that health warnings be placed on outside packaging of all tobacco products.

Once the health warning requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, health warnings will be required on all unit packaging of all tobacco products and will meet FCTC Art. 11 requirements in this respect.

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

Yes
Analysis

The text of the required health warning is in English, the official language of Nigeria. The law meets FCTC Art. 11 with respect to warning text being in the principal language of the country.

Once the health warning requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, the text of the health warnings will be in English and will meet FCTC Art. 11 requirements 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

No
Analysis

NIS 463:2014 does not require that warnings or messages not be placed where they may be permanently damaged or concealed when opening the pack.

Once the health warning requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack. The law will align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.  

Law Source, Section

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

No
Analysis

NIS 463:2014 does not require that tax stamps or other required markings not be placed where they may conceal warnings or messages.

Once the health warning requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, tax stamps or other required markings not be placed where they may conceal warnings or messages. The law will align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect. 

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

No
Analysis

NIS 463:2014 does not require the display of qualitative (descriptive) constituents and emissions messages on tobacco product packaging. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require the display of qualitative (descriptive) constituents and emissions messages.

Once the packaging requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, descriptive only information on constituents and emissions on tobacco product packaging will be required and will align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

Law Source, Section

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

No
Analysis

NIS 463:2014 does not prohibit the display of figures for emissions yields. Rather NIS 463:2014 requires that cigarette packets are marked on one side with the tar, nicotine and carbon monoxide content. The law does not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

Once the packaging requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, quantitative information on emissions will be prohibited from being displayed on tobacco product packaging and will align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.

Plain or standardized packaging

No
Analysis

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 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)

No
Analysis

NIS 463:2014 does not prohibit misleading tobacco product packaging and labeling. The law currently does not meet FCTC Art. 11.

Once the packaging requirements are in effect under the National Tobacco Control Act and the National Tobacco Control Regulations, any misleading and or promotional features of tobacco product packaging or labelling on tobacco products is prohibited, including the use of any “terms, descriptors, trademark, figurative, color or other sign” that is “false, misleading, deceptive or likely to create an erroneous impression” about the products characteristics, health effects, hazard or emissions, or create the false impression that a tobacco product is less harmful to another on all tobacco product packaging. This includes terms such as “light” or “mild,” among others. Once in effect, the law will meet FCTC Art. 11 in this respect.