Report to the Conference of the Parties on the Implementation of the Framework Convention on Tobacco Control

Part IV: Legislative, executive, administrative and other measures

• 5. Packaging and labelling of tobacco products
  
  1. Requiring that packaging and labelling do not promote a product by any means that are false, misleading, deceptive or likely to create an erroneous impression
  2. Requiring that packaging carry health warnings describing the harmful effects of tobacco use
  3. Ensuring that the health warnings are approved by competent national authority
  4. Ensuring that health warnings are rotating
  5. Ensuring that the health warnings are large, clear and visible
  6. Ensuring that the health warnings occupy at least 50% of the principal display area
  7. Ensuring that the health warnings are in the form of pictures or pictograms
  8. Requiring that packaging and labelling contains information on relevant constituents and emissions of tobacco products
  9. Requiring that the warnings and other textual information appear on each unit package, and on any outside packaging and labelling in your principal language or languages

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5. Packaging and labelling of tobacco products

(a) Requiring that packaging and labelling do not promote a product by any means that are false, misleading, deceptive or likely to create an erroneous impression

Section 20 of the  Tobacco Act states "No person shall promote a tobacco product by any means, including by means of packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects of health hazards of the tobacco product or its emissions". In 2005, the Quebec Court of Appeal struck down the phrase "or that are likely to create an erroneous impression". The Government has appealed that ruling to the Supreme Court of Canada and the matter was heard in February 2007. The court reserved judgement. The judgement will be released when the court has concluded its deliberations.

In November 2006, the Competition Bureau of Canada reached an agreement with the three major cigarette manufacturers to stop using the descriptors "light" and "mild", and variations thereof, on cigarette packages. The companies will phase out these descriptors on affected brands and products, commencing no later than December 31, 2006 and ending no later than July 31, 2007. A total of 79 brands of cigarettes and 18 varieties of fine-cut tobacco will be affected.

(b) Requiring that packaging carry health warnings describing the harmful effects of tobacco use

The  Tobacco Act, through its regulations, requires that information be displayed on tobacco products about the product and its emissions, including the health effects and health hazards associated with the product.

Specifically, the  Tobacco Products Information Regulations require that manufacturers and importers of tobacco products include health warnings (s. 5-6), and in some cases, health information (s. 7) and information on toxic emissions or toxic constituents (s. 8-11) on packaging of most tobacco products.

See Appendices 4-D and 4-E for information on the health warnings and health information required for tobacco products.

(c) Ensuring that the health warnings are approved by competent national authority

Information to be displayed on packaging must be generated from the government's source document - section 3(2) of the  Tobacco Products Information Regulations. Health warnings on packaging may be attributed, at the discretion of the manufacturer, but only to the health authority (Health Canada) as stated in section 4 of the  Tobacco Products Information Regulations.

(d) Ensuring that health warnings are rotating

Currently, Health Canada requires manufacturers to ensure equal display of the 16 different picture-based warnings on packages of cigarettes, cigarette tobacco, tobacco sticks, leaf tobacco and kreteks as stated in its  Tobacco Products Information Regulations. Four different graphic warnings must be used on cigars in boxes or bundles and pipe tobacco in pouches. All of these warnings must be displayed equally throughout the year (see Appendix 4-E for examples). Product-specific textual warnings are also placed on bidis, chewing tobacco, oral snuff and nasal snuff.

In addition to this, manufacturers are required to include health information messages (16 different messages) on the inside of all cigarette packages. This information outlines the hazards of tobacco use (lung cancer and second-hand smoke, for instance) and provides tips on quitting smoking.

New proposed regulations are currently being developed to refresh the existing picture-based warning and to develop picture-based warnings for other products such as bidis, chewing tobacco, snuff, etc. (see Appendix 4-G for the consultation document "Proposal for New Health-related Information on Tobacco Product Labels"). The consultation document is also available on the Health Canada website at: http://hc-sc.gc.ca/hc-ps/pubs/tobac-tabac/advert-publicite/index_e.html

(e) Ensuring that the health warnings are large, clear and visible

Subsection 3(3) of the  Tobacco Products Information Regulations requires that all written information be in both official languages and that it be legible and prominently displayed. All health warning and health information to be printed on tobacco products must come from the government electronic source document, thus ensuring that requirements are met.

Under the same regulations, subsection 5(2) also requires that information be displayed in such a way as to ensure that none of the words of the warning are severed when the package is opened.

(f) Ensuring that the health warnings occupy at least 50% of the principal display area

Manufacturers of bidis, cigarettes, cigarette tobacco, kreteks, leaf tobacco, chewing tobacco, snuff, tobacco sticks and some forms of pipe tobacco are required to ensure that the health warnings occupy at least 50% of the principal display surfaces (section 5(2) of the  Tobacco Products Information Regulations).

The current regulations set specific size standards for health warning labels placed on pipe tobacco pouches, cigar boxes and cigar bundles, which result in health warnings occupying from 80% to 10% of the package side on which they are displayed.

New regulations are being developed (Appendix 4-G) to ensure that health warnings on all tobacco products, including cigars and others previously exempt from this size requirement, will now occupy no less than 30% of the principal display surfaces of their packaging.

(g) Ensuring that the health warnings are in the form of pictures or pictograms

Currently, pictorial health warnings appear on the following types of products: cigarettes, cigarette tobacco, tobacco sticks, leaf tobacco, kreteks, cigars and pipe tobacco. See Appendix 4-E or visit the Health Canada website at http://www.hc-sc.gc.ca/hl-vs/tobac-tabac/legislation/label-etiquette/graph/index_e.html for examples of current picture warnings.

(h) Requiring that packaging and labelling contains information on relevant constituents and emissions of tobacco products

Section 9 of the  Tobacco Products Information Regulations requires the display of information on toxic emissions on packages of cigarette, cigarette tobacco, leaf tobacco and kreteks, while section 10 requires information on toxic constituents on packages of chewing tobacco and snuff. In the case of the toxic emissions information on the amount of tar, nicotine, carbon monoxide, formaldehyde, hydrogen cyanide, and benzene in the mainstream smoke must be shown as a range of values. In the case of the three toxic constituents, information on the amount of nitrosamines, lead, and nicotine in the product itself must be shown as a single value.

Schedules 1 and 2 of the  Tobacco Products Information Regulations list the official test methods that must be used to determine the values to be displayed.

(i) Requiring that the warnings and other textual information appear on each unit package, and on any outside packaging and labelling in your principal language or languages

Every manufacturer is required to display the mandated health warnings, the health information and the toxic emission and toxic constituent statements on tobacco products for retail sale, including cartons and kits (as outlined under Part IV, section 6. (g) ) in both English and French.