Last updated: January 19, 2024
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The regulations require that a "cigarette pack or carton," a “tobacco package,” or a "cigar package" (depending on the product) must display a “message relating to the harmful effects of using the tobacco product.”
Therefore, the law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The regulations require that a "cigarette pack or carton," a “tobacco package,” or a "cigar package" (depending on the product) must display a “message relating to the harmful effects of using the tobacco product.” “Tobacco package” is specifically defined to include a carton. Therefore, warnings are required on all outside packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
Warnings are required on cigarettes, loose tobacco, pipe tobacco, cigars, and other tobacco products to be in English and te reo Maori.
This provision meets the requirement in FCTC Art. 11 regarding warnings in the principal language(s) 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 mandate that required messages “must not be likely to be obliterated, removed, or rendered permanently unreadable when the package is opened in the normal way.”
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law does not affirmatively state that tax stamps or other markings may not conceal warnings or messages.
To fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively state that tax stamps or other markings may not be placed where they may conceal warnings or messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not mandate that qualitative constituents and emissions information be displayed on each package. The contents of the warning messages required to appear on each package are specified in the Smokefree Environments and Regulated Products Regulations 2021. Many, but not all, of the required messages contain qualitative constituents and emissions information.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should affirmatively require qualitative constituents and emissions information to be displayed on all tobacco product packaging.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law includes a provision that, if required by regulation, packaging for smoked tobacco products must display a list of harmful constituents and their respective quantities present in the emissions. However, the Smokefree Environments and Regulated Products Regulations 2021 do not contain such a requirement, nor do they affirmatively prohibit the display of emission yields.
In fact, because the law requires plain packaging of tobacco products, each of the elements that is allowed to appear on tobacco product packaging is specified. Emission yields are not included. This effectively prohibits the display of figures for emission yields.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, for greater clarity, drafters should consider removing from the law Sec. 52(1)(b), which would permit emission yields on product packaging if specified in regulations.
Plain or standardized packaging
Standardized packaging is required for all tobacco products other than smokeless tobacco products as of June 6, 2018.
Tobacco product packaging must be Pantone 448C - a medium brown color. For cigarettes, packaging must be made of rigid cardboard, be rectangular in shape, and contain only 20 or 25 cigarettes. Product packaging may not contain any elements - including text, trademark or other symbols - other than the required health warnings, brand name and variant name, quantity of cigarettes (or weight of loose or pipe tobacco), and details about the manufacturer or importer in a standard typeface, font color, and size. Packaging may not have inserts, make a noise, contain a scent, or have any features designed to change the packaging after retail sale.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to plain packaging.
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)
Because plain packaging is required, the law prohibits misleading packaging and labeling. The law specifies each of the elements that is allowed to appear on tobacco product packaging. Similar prohibitions apply to elements of the tobacco product itself (e.g., paper casing, color of the filter tip).
The regulations meet FCTC Art. 11 with respect to a prohibition on misleading tobacco product packaging and labeling.
