Other Packaging and Labeling Requirements
Health warnings required on unit packaging (e.g., packs)
The Technical Regulations for Tobacco Products (TR TC 035/2015) require that warnings be applied to each consumer package of tobacco products. “Consumer packaging” is defined to include all packaging used in retail sale. Therefore, warnings are required on both unit and outside packaging and labeling.
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) also requires smokeless tobacco products to carry health warnings. The warnings, however, may be placed on smokeless tobacco product inserts if printing on product packaging is not possible.
The law meets FCTC Art. 11 with respect to health warnings on the unit packaging and labeling of smoked products but not the unit packaging and labeling of smokeless products. To meet FCTC Art. 11 with respect to smokeless tobacco products, the law should require health warnings on unit packaging and labeling and not inserts.
Health warnings required on outside packaging and labeling (e.g., cartons)
The Technical Regulations for Tobacco Products (TR TC 035/2015) require that warnings be applied to each consumer package of tobacco products. “Consumer packaging” is defined to include all packaging used in retail sale. Therefore, warnings are required on both unit and outside packaging and labeling.
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) also requires smokeless tobacco products to carry health warnings. The warnings, however, may be placed on smokeless product inserts if printing on product packaging is not possible.
The law meets FCTC Art. 11 with respect to health warnings on the outside packaging and labeling of smoked products but not the outside packaging and labeling of smokeless products. To meet FCTC Art. 11 with respect to smokeless tobacco products, the law should require health warnings on outside packaging and labeling and not inserts.
Health warning text must be in the principal language(s) of the country
The Technical Regulations for Tobacco Products (TR TC 035/2015) require that the warning text on the front side be in the official state language, and that the warning text on the back side be in Russian.
Law No. 268 of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) requires that smokeless tobacco product health warnings appear in the Russian language.
The law meets FCTC Art. 11 in this respect.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The Technical Regulations for Tobacco Products (TR TC 035/2015) require that the information placed on tobacco product packaging, including health warnings, not be placed in a way that would destroy the integrity of the information when opening the pack. In addition, the regulations require that if the health warning on the back side of the pack is destroyed by normal opening of the pack, the warning should be placed on the lower part of the display area.
Law No. 268 of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) requires that smokeless tobacco product health warnings “be located in such a manner that the integrity of the
labels is preserved during opening of the consumer package.” (This provision would not apply when the health warnings are located on smokeless product inserts.)
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 Technical Regulations for Tobacco Products (TR TC 035/2015) require that the health warning on the front side of the pack not be covered by a stamp. While the requirement does not apply to the warning on the back side, the regulations state that if a warning is covered by a stamp, the warning should be placed on the lower part of the display area. Read together, these provisions are interpreted as requiring that tax stamps not be placed where they may cover the warnings.
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) is silent with respect to tax stamps but provides that health warnings must be preserved during product “transportation, storage, and sale.” This is interpreted as prohibiting tax stamps to conceal health warnings on smokeless tobacco products. (This would not apply when the health warnings are located on smokeless tobacco product inserts.)
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Requirement to display qualitative (descriptive) constituents and emissions messages
The Technical Regulations for Tobacco Products (TR TC 035/2015) require the following statement to occupy at least 17% of one side panel of smoked tobacco products: “Contains systemic poisons, carcinogenic and mutagenic substances.”
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) requires the statement, “contains systemic poisons, carcinogenic and mutagenic substances” on consumer packaging of smokeless tobacco products.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
Prohibition on the display of figures for emission yields
The Technical Regulations for Tobacco Products (TR TC 035/2015) prohibit indicators of the tar, nicotine, and carbon monoxide content from appearing on product packaging.
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) does not prohibit the display of figures for emission yields on smokeless tobacco product packaging.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to smoked tobacco products, but not smokeless tobacco products. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to smokeless tobacco products, the law should prohibit the display of figures for emission yields on smokeless packaging and labeling.
Requirement for plain or standardized packaging
Plain packaging of tobacco products is not required in Russia. 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
The Technical Regulations for Tobacco Products (TR TC 035/2015) prohibit misleading packaging and labeling, including the display of terms, descriptions, signs, symbols, or other designations that directly or indirectly create the false impression that a tobacco product is less harmful than other tobacco products.
Law No. 268-FZ of December 22, 2008 (Technical Regulations for Smokeless Tobacco Products) (as amended) prohibits misleading packaging and labeling, including the display of terms, descriptions, signs, symbols, or other words or designations that directly or indirectly create the false impression that a smokeless tobacco product is less harmful to human health than other smokeless or smoked tobacco products.
The law meets FCTC Art. 11 in this respect.
