Analysis
Cigarettes, roll-your-own tobacco and waterpipe tobacco must bear a specific warning that combines text and a photograph. Specific warnings must take up 65% of the front and back of the packaging; the text portion of the warning must appear on the bottom part of the photograph in bold, Helvetica lettering and must take up 30% of the image. Warnings must be divided into two sets of seven and rotated annually. A quitline or website must be provided on the warnings.
The law also requires that packaging for cigarettes, roll-your-own tobacco and waterpipe tobacco bear (1) a general warning and (2) an information message on 30% of the lateral sides of the packaging. The information message states: "Tobacco smoke contains more than 70 cancer-causing substances” and constitutes a qualitative constituents and emissions message.
Smoked tobacco products that are not cigarettes, roll-your-own tobacco, or waterpipe tobacco are exempt from combined text and photograph warnings requirements. These types of products instead must have the prescribed general (text only) warning, taking up at least 30% of one side, and the text portion of one of the combined text and photo warnings on 40% of the other side of the surface of the packaging.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to cigarettes and some forms of smoked tobacco products. To fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require all tobacco products to carry combined text and picture warnings.
