Other Packaging and Labeling Requirements

Last updated: January 12, 2021

Health warnings required on unit packaging (e.g., packs)

Yes
Analysis

The Directive requires health warnings “on the outer part of the boxes, packets, wrappers, cartons, parcels and packaging of tobacco products.” The Directive further specifies the warnings required on unit packaging of tobacco products.

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

Health warnings required on outside packaging and labeling (e.g., cartons)

Yes
Analysis

The Directive requires health warnings “on the outer part of the boxes, packets, wrappers, cartons, parcels and packaging of tobacco products.” The Directive further specifies the warnings required on cartons and other outside packaging of tobacco products.

The law meets FCTC Art. 11 with respect to warnings on outside packaging and labeling. 

Health warning text must be in the principal language(s) of the country

Yes
Analysis

The Directive requires warnings in the Nepali language.

The law meets FCTC Art. 11 with respect to requiring 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 Decree requires that manufacturers “shall not distort, damage and hide or cover warning messages and pictures to be printed on boxes, packets, wrappers, cartons, parcels and packaging of tobacco while packaging and labelling of tobacco products.” However, the law does not explicitly state that warnings may not be placed where they may be permanently damaged or concealed when opening the pack. Therefore, the regulatory status code "Uncertain" is given.  

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should explicitly state that warnings may 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

Yes
Analysis

The Tobacco Product Act requires manufacturers to disclose on the tobacco product package “hazardous constituents to be prescribed.” The Directive further specifies in Section 3 the exact wording of the qualitative statements regarding constituents and emissions that are required on smoked tobacco products: “Smoking contains carcinogenic substances such as Nitrosamine and Benzopyrene. Quit smoking.” (90% of right side panel), and “Nicotine, tar and carbon monoxide in smoking cause heart and lung diseases. Quit smoking.” (90% of left side panel).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to qualitative constituent and emissions disclosures. 

Requirement to display qualitative (descriptive) constituents and emissions messages

Yes
Analysis

The Tobacco Product Act requires manufacturers to disclose on the tobacco product package “hazardous constituents to be prescribed.” The Directive further specifies in Section 3 the exact wording of the qualitative statements regarding constituents and emissions that are required on smoked tobacco products: “Smoking contains carcinogenic substances such as Nitrosamine and Benzopyrene. Quit smoking.” (90% of right side panel), and “Nicotine, tar and carbon monoxide in smoking cause heart and lung diseases. Quit smoking.” (90% of left side panel).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to qualitative constituent and emissions disclosures. 

Prohibition on the display of figures for emission yields

No
Analysis

The law does not prohibit the display of figures for emission yields. Instead, the Tobacco Product Act requires manufacturers to disclose on the tobacco product package “the amount of nicotine in the tobacco.” The Directive further requires the display of nicotine content.  

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of emission yield figures as these may be misleading to consumers. 

Requirement for plain or standardized packaging

No
Analysis

Plain packaging of tobacco products is not required in Nepal. However, the Directive for Printing and Labeling prohibits “packaging and labeling by keeping any message, materials, color, graphics etc that might directly or indirectly promote the use of tobacco products.” Likewise, the Tobacco Product Regulations provide that the “label and trademark of tobacco products shall not be marked or used in any way that would advertise or promote the tobacco products.” These provisions prohibit some promotional elements of tobacco packaging and labeling, such as promotional inserts or pictures, images or logos on packaging to promote the product. However, plain packaging is not required.

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 packaging and labeling

Yes
Analysis

The Directive prohibits the use of “any words or any pictures or symbols that mean ‘mild, very mild, medium, less tar, safe, light’ etc. and that might portray false, misleading or deceitful message regarding health, health risk or tobacco related products” in the packaging and labeling of tobacco products. Likewise, the Tobacco Product Regulations prohibit the “use any words or any graphics or symbols that may be misleading or that would give deceitful messages”.

The law meets FCTC Art. 11 with respect to misleading terms, descriptors, signs or symbols.