LANGUAGE
Last updated: March 4th 2020

Other Packaging and Labeling Requirements

Warning requirements on unit packaging and labeling (e.g., packs)

Yes
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Analysis

The law requires warnings on “outside packaging and labeling,” which is defined in the regulations as packaging used in retail sale. Therefore, warnings are required on unit packaging and labeling.

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

Warning/messages required on outside packaging and labeling (e.g., cartons)

Yes
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Analysis

The law requires warnings on “outside packaging and labeling,” which is defined in the regulations as packaging used in retail sale. Therefore, warnings are required on outside packaging and labeling.

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

Warning texts must be in the principal language(s) of the country

Yes
Analysis

The prescribed health warnings are in Spanish.

This legislative provision meets the FCTC Art. 11 requirements of warning texts appearing in the principal language of the country.

Law Source, Section
Ministry of Public Health Ordinance No. 83

A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack

Uncertain
Analysis

The regulations prohibit any element that may affect the visibility of the health warning on tobacco product packages. This provision may imply that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack.

The law would be clearer if it specifically prohibited the placement of warnings where they may be permanently damaged or concealed when opening the pack the law as stated in the FCTC Art. 11 Guidelines.

A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages

Yes
Analysis

The regulations prohibit any element that may affect the visibility of the health warning on tobacco product packages.

This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

A requirement to display qualitative (descriptive) constituents and emissions messages

Yes
Analysis

Ordinance No. 83 requires the display of the following text on one of the two side surfaces of tobacco product packages: “Tobacco smoke contains toxic and poisonous substances such as cyanide and arsenic.” The text is to be printed in black on a white background.

This provision aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

Law Source, Section
Ministry of Public Health Ordinance No. 83
Art. 2

Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)

Yes
Analysis

Ordinance No. 466 requires the display of a descriptive statement regarding constituents and emissions “without any quantities being specified.” The text of this statement has been updated most recently by Ordinance No. 83 (2016). Although Ordinance No. 83 does not include the phrase "without any quantities being specified," we interpret the use of the phrase in Ordinance No. 466 as controlling as this provision was not repealed. Moreover, the display of figures for emission yields is prohibited by Art. 12 of Decree No. 284/2008, which prohibits the use of symbols of any kind that may give the false impression that one tobacco product is healthier than another.

Therefore, the display of figures for emission yields is prohibited. These provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

Plain or standardized packaging

Yes
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Analysis

Plain packaging is required for all cigarette and roll-your-own tobacco products available for retail sale as of December 21, 2019.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to plain packaging of cigarettes.

Prohibition on misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images that directly create a false impression that a tobacco product is less harmful than other tobacco products)

Yes
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Analysis

Because plain packaging is required, the law prohibits misleading packaging and labeling. The law specifies each of the elements that are allowed to appear on tobacco product packaging and Law No. 19.723 specifically prohibits product packaging that promotes false and misleading information regarding tobacco product's characteristics, health effects, risks, or emissions.

The law therefore meets FCTC Art. 11 in this respect by banning the use of terms, descriptors, or other signs that directly or indirectly create a false impression that a tobacco product is less harmful than other tobacco products.