Analysis
One of 14 authorized combined text and picture warnings must occupy 65% of both the front and back of the package. The same combined warning must appear on both sides. There are three sets of authorized warnings, each of which must be used for one year and then replaced with another authorized set the following year. Each of the 14 warnings within the set must appear on an equal number of products in a given year. The combined warning must be placed at the upper edge of the pack.
A general warning, “Smoking kills - Stop smoking immediately”, must occupy 50% of one of the lateral sides of the package, and a qualitative constituent and emission message, “Tobacco smoke contains over 70 carcinogens”, must occupy 50% of the other lateral side.
For smoked tobacco products other than cigarettes, rolling tobacco and water pipe tobacco, the combined warning must occupy 30% of the most visible surface and 40% of the second most visible surface. These products are not required to carry the general and informational warnings.
The law meets FCTC Art. 11 and aligns with the FCTC Art. 11 Guidelines in that the warnings contain both picture and text, cover more than 50% of the principal display areas (for cigarettes, rolling tobacco, and water pipe), and rotation is required. To more fully align with the FCTC Art. 11 Guidelines, the drafters of the law should consider increasing the size of the health warning to 50% or more for tobacco products other than cigarettes, rolling tobacco, and water pipe.
