LANGUAGE
Last updated: July 22nd 2021

Other Packaging and Labeling Requirements

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

Yes
Analysis

The law requires health warnings in the form of pictures and text on every packet, package or carton containing cigarettes or other tobacco products. 

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

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

Yes
Analysis

The law requires warnings on tobacco product "packaging," which is defined to include "packs, cartons, or other containers used to package tobacco products." Therefore, warnings are required on all outside packaging.

The law meets FCTC Art. 11 with respect to outside packaging.

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

Yes
Analysis

The Ministry of Public Health Notification requires warning texts to appear according to the template provided by the Department of Disease Control at the Ministry of Public Health. On the template, the warning text is in Thai.

The law meets FCTC Art. 11 in this respect. For greater clarity, regulations should specify that the text of the health warnings must be in Thai.

A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack

No
Analysis

The law requires that the any wrapping around cigarettes packs be transparent and colorless so that the graphic health warning information is visible. However, the law does not prohibit the placement of warnings where they may be damaged or concealed when opening the pack.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specifically prohibit the placement of warnings where they may be damaged when opening the pack as stated in the FCTC Art. 11 Guidelines.

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

No
Analysis

The law does not require that tax stamps or other required markings not be placed where they may conceal warnings or other messages.

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

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

Yes
Analysis

Ten pairs of statements on the harm and health effects of tobacco consumption must appear on the two "medium-sized" faces (i.e., lateral sides) of product packaging and labeling. They must cover 60% of each face. Each pair includes one message about health harms and one message about toxins or carcinogens.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituents and emissions messages.

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

No
Analysis

The Ministry of Public Health Notification neither prohibits nor requires the use of figurative yields. Although the regulations on misleading descriptors prohibit the use of misleading terms and statements that would cause a consumer to believe a tobacco product is less harmful than another product or encourage consumers to use that product, the regulations do not specifically prohibit the use of figurative yields.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit figures for emission yields as such figures can be misleading to consumers.

Plain or standardized packaging

Yes
Analysis

Plain packaging is required for all cigarettes available for retail sale as of December 8, 2019. Manufacturers were required to comply beginning September 10, 2019, with an additional three months for already manufactured products to be sold.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to plain packaging of cigarettes.

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 Ministry of Public Health Notice on misleading descriptors prohibits the use of a wide array of terms and related symbols, including: 1) “mild,” “medium,” “light,” “ultra-light,” “low tar,” or other words or statements that might cause consumers to understand that such tobacco products are less dangerous than other products; 2) “cool,” “ice,” “frost,” “crisp,” “fresh,” “mint,” “mellow,” “rich,” “aromatic,” “special aroma,” or other words or statements describing fragrance or flavor that might encourage consumers to use such products; 3) “smooth,” “natural,” “special,” “genuine,” “luminous,” “extra,” “premium,” “quality,” “select,” or other words or statements describing characteristics or qualities that might encourage consumers to use such products. “Statements” include “writing, symbol, or image.”

Moreover, once plain packaging is required, there can be no misleading elements of packaging and labeling.

The law meets FCTC Art. 11 with respect to misleading packaging and labeling.