Taiwan (China)

The law requires health warnings on all “tobacco product containers.” “Tobacco product containers” is defined to include “all the packaging boxes, cans, or other containers used for selling the tobacco products to the consumers,” which includes unit packaging. Therefore, health warnings are required on all unit packaging and labeling.

The law meets FCTC Art. 11 in this respect.

The law requires health warnings on all “tobacco product containers.” “Tobacco product containers” is defined to include “all the packaging boxes, cans, or other containers used for selling the tobacco products to the consumers,” which includes outside packaging and labeling such as cartons. Therefore, health warnings are required on all outside packaging and packaging and labeling.

The law meets FCTC Art. 11 in this respect.

The law requires that health warnings be in Chinese.

The law meets FCTC Art. 11 with regard to warnings being in the principal language of the country/jurisdiction.

The regulations require that consumers “be able to identify the Health Warnings clearly when cigarette containers are opened.”

Therefore, the law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to messages not being placed where they may be permanently damaged or concealed when opening the pack.

The regulations require that the warnings be printed on cigarette containers and not be altered in any way. However, the regulations do not affirmatively require that tax stamps or other required markings not be placed where they may conceal warnings.

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

The law does not require the display of qualitative (descriptive) constituents and emissions messages, but rather the law requires the display of figurative yields of constituents and emissions.

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.

The law does not prohibit the display of figures for emission yields, but rather the law requires the display of figurative yields of constituents and emissions.

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

Plain packaging of tobacco products is not required in Taiwan. 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.

The law prohibits the use on tobacco product packaging of “expressions such as light, low tar, or any other misleading words or marks implicating that smoking has no harmful effects, or only has minor harmful effects, on health, except for the brand names used before the implementation of the amendment of January 11, 2009.” This is interpreted as prohibiting all misleading terms, descriptors, trademarks, or figurative or other signs.

The law meets FCTC Art. 11 with respect to misleading terms and descriptors, trademarks, figurative or other signs.