Last updated: August 18, 2020

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 “individual packaging and outer packaging, including any packaging that may be visible at retail.” Thus, warnings are required on unit packaging.

The law meets FCTC Art. 11 with respect to warnings required on unit packaging and labeling.

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

Yes
Analysis

The law requires that health warnings are displayed on “individual packaging and outer packaging, including any packaging that may be visible at retail.” Thus, warnings are required on outside packaging.

The law meets FCTC Art. 11 with respect to warnings required on outside packaging and labeling.

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

Yes
Analysis

Warning texts must appear in Creole, English, or French.

The law meets FCTC Art. 11 requirements of warning texts appearing in the principal languages 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 the normal opening of the tobacco product package does not permanently damage, conceal, obscure, or hamper the visibility of the health warnings and messages.

The law and 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

No
Analysis

There is no requirement in the law or regulations that tax stamps or other required markings may not be placed where they may conceal warnings and messages.

To align with the FCTC Art. 11 Guidelines, the regulations should specifically state that tax stamps or other required markings may not be placed where they may conceal warnings and messages.

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

Yes
Analysis

The law requires that packaging bear “in the prescribed form a statement of the constituents and emissions of the tobacco product” and authorizes the Ministry of Health (MOH) to prescribe the constituents/emissions statements. MOH has yet to issue regulations providing the required statement; however, it is clear that descriptive, not figurative, disclosure will be required.

This provision on displaying descriptive constituents and emissions aligns with the requirements of FCTC Art. 11 and the FCTC Art. 11 Guidelines for qualitative disclosures. However, the Ministry must issue the required regulations.

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

No
Analysis

The law neither requires nor prohibits the display of figures for emission yields. FCTC Art. 11 Guidelines para. 34 provides that Parties should not require quantitative statements on tobacco product packaging and labeling about tobacco constituents and emissions, such as the tar, nicotine, and carbon monoxide figures, that might imply that one brand is less harmful than another.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively prohibit the display of figures for emission yields.

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in the Seychelles. 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)

Yes
Analysis

The law prohibits the use of any misleading term, descriptor, trademark, figure, color, shape, or any other sign that directly or indirectly creates a false impression that a particular tobacco product is less harmful than other tobacco products. The terms “light,” “ultra-light,” and “mild” are specifically included in a list of examples of prohibited terms.

To ensure FCTC Art. 11 is clearly met with regard to misleading terms and indicia on tobacco packaging and labeling, the Ministry should include “low tar” as a prohibited term in regulations, if legally permissible.