Last updated: November 26, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The law provides that the graphic health warning must occupy 50% or more of the principal display surface of each package sold as an individual unit.
The law meets FCTC Art. 11 with regard to warning requirements on unit packaging and labeling.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The law provides that if a tobacco product is placed in multiple layers of packaging, health warnings must be permanently affixed to or printed on the package in which the tobacco product is intended for consumer use, as well as to any external packaging, including cartons.
The law meets FCTC Art. 11 with regard to warning/messages required on outside packaging and labeling.
Warning texts must be in the principal language(s) of the country
The law requires that the health warnings be in English.
The law meets FCTC Art. 11 with regard to warning text 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 law requires the text of the warning be positioned on the package so as to ensure that it does not become severed or illegible upon the opening of the package.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to the requirement that warnings or messages 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
While tax stamps or required markings are not explicitly addressed, the law prohibits any product, device or other item intended to be used or that can be used to cover, obscure, mask, alter, or otherwise detract from the message on a tobacco product package. This includes a prohibition against the design of the product package in such a way that parts of the package itself or accessories can cover or obscure the message. This is interpreted to prohibit the placement of tax stamps or other required markings where they may conceal warnings or messages.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with regard to the requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires that each package display a list of the constituents and additives on a principal display surface. This list must be in English and must be positioned to ensure that it does not become severed or illegible upon the opening of the package. The Minister of Health may make regulations with respect to the specific information that must be displayed on a package containing a tobacco product.
However, the regulations reiterate that constituents and additives must be “listed,” without stating or showing how. Therefore, it is uncertain whether the information required to be listed is in the form of relevant qualitative statements as contemplated by the FCTC Art. 11 Guidelines. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify the qualitative (descriptive) constituents and emissions messages required to appear on product packaging.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit the display of information on the nicotine, tar and carbon monoxide content of such products on their outer surface. The law requires that information about emissions be listed on the product package and the leaflet. It is unclear whether the information that is required includes figures for emissions yields.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields as such figures can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Turks and Caicos.
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 law prohibits packaging and labeling that is false, misleading, deceptive, or is likely or intended, directly or indirectly, to create an erroneous impression about the characteristics, health effects or other hazards of the tobacco product or its emissions. It prohibits any claims stating, suggesting or implying that use of the product or exposure to its smoke is not hazardous, or is less hazardous than another tobacco product or brand. The prohibition includes words or descriptors, whether or not part of the brand name, such as "light", "ultra-light", "mild", "low tar", "slim" or similar words or descriptors; graphics associated with, or likely or intended to be associated with, such words or descriptors; and product package design characteristics, including numbers, colors and logos, associated with, or likely or intended to be associated with, such descriptors.
The law meets FCTC Art. 11 with regard to the prohibition on misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs.