Last updated: June 28, 2020
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The 2004 Regulations, as amended by the 2008 Regulations, require health warnings on all unit packages of cigarettes and on all cartons of cigarettes. The regulations do not require health warnings on tobacco products other than cigarettes.
The regulations meet FCTC Art. 11 with respect to unit packaging and labeling of cigarettes. However, to fully meet FCTC Art. 11, the regulations should require health warnings on the unit packaging of all tobacco products, not just cigarettes.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The 2004 Regulations, as amended by the 2008 Regulations, require health warnings on all unit packages of cigarettes and on all cartons of cigarettes. The regulations do not require health warnings on tobacco products other than cigarettes.
The regulations meet FCTC Art. 11 with respect to outside packaging and labeling of cigarettes. However, to fully meet FCTC Art. 11, the regulations should require health warnings on the outside packaging of all tobacco products, not just cigarettes.
Warning texts must be in the principal language(s) of the country
Schedules 5 and 6 of the Tobacco Control Regulations, as established by the 2013 amendment regulations, show the warnings as they must be displayed on cigarette packs and cartons. The Schedules require that the warnings be written in Malay on the front side and English on the back side for cigarette packs, and Malay on the top panel and English on the bottom panel for cartons.
The regulations meet FCTC Art. 11 with respect to the requirement that warning text be 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
The Regulations do not contain an affirmative requirement that warnings or messages not be placed where they may be permanently damaged or concealed when opening the pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the regulations should affirmatively require that warnings or messages not be placed where they may be permanently 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
The Tobacco Control Regulations 2004, as amended by the Tobacco Control Regulations 2008, require that warnings or messages not be visually obstructed or obscured by any outside packaging, any device, or any other means.
The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The regulations require the following qualitative constituent and emissions message on one side panel of unit cigarette packs and on the front or back panel of cartons: “Produk ini mengandungi lebih 4,000 bahan kimia termasuk tar, nicotina dan karbon monoksida yang membahayakan kesihatan.” (English translation: This product contains over 4,000 chemicals including tar, nicotine and carbon monoxide health hazards.)
The regulations align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to qualitative constituent and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The regulations do not affirmatively prohibit the display of figures for emission yields.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the regulations should affirmatively prohibit the display of figures for emission yields, including tar, nicotine and carbon monoxide.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Malaysia. 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)
The regulations prohibit the use on tobacco product packaging of any information that is false, misleading or deceptive or that is likely or intended to create an erroneous or false impression about the characteristics, health effects, hazards or emissions of a tobacco product. This ban includes a ban on words or descriptors such as “light”, “ultra light”, “mild”, “cool”, “extra”, “low tar”, “special”, “full flavor”, “premium”, “rich”, “famous”, “slim”, “Grade A” or any similar terms. The ban also includes “any term, word, description, claim, representation or graphic that states the grading, quality or supremacy of the product or is fanciful or that is not relevant to the physical characteristic of the tobacco product and any other words that is meant for the purpose of promoting directly or indirectly the sale or disposal of the tobacco product.” Presumably, this provision prohibits all other figurative signs or indicia (including numbers and colors) that may mislead consumers.
The law meets FCTC Art. 11 with respect to a prohibition on misleading packaging and labeling. The law could be improved by explicitly extending the ban to include the use of colors and numbers to mislead consumers.
