Last updated: June 1, 2020

Other Packaging and Labeling Requirements

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

Yes
Analysis

Health warnings must appear on both “packaging” and “wrappers” of tobacco products. However, these terms are not defined. This is interpreted to mean unit packaging and therefore warnings must appear on unit packaging.

The law meets FCTC Art. 11 in this respect.

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

Uncertain
Analysis

Health warnings must appear on both “packaging” and “wrappers” of tobacco products. However, these terms are not defined. Therefore, it is uncertain whether warnings are required on unit packaging only, or both unit and outside packaging.

To meet FCTC Art. 11, the law should make clear that warnings are required on outside packaging and labeling as well as unit packaging and labeling.

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

Yes
Analysis

The law specifies that warnings must be in Spanish.

The law meets FCTC Art. 11 with respect to warnings in the principal language 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

No
Analysis

The law does not affirmatively require that warnings may not be placed 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 specify that warnings may not be placed where they may be damaged or concealed when opening the pack.

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 affirmatively require that tax stamps and other required markings not be placed where they may conceal health warnings or messages.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that tax stamps and 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

No
Analysis

The law does not require qualitative constituent and emissions disclosures.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituent and emissions disclosures in accordance with paragraphs 32-35 of the Guidelines.

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

No
Analysis

The law does not prohibit or require the display of figures for emission yields on packaging and labeling.

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

Plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Guatemala. 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)

No
Analysis

The law does not prohibit the use of misleading terms, descriptors, trademarks, or figurative or other signs on tobacco product packaging and labeling.

To meet FCTC Art. 11, the law should prohibit these types of misleading indicia on all tobacco packaging and labeling.