Tobacco Packaging

Overview

Public Health (Standardised Packaging of Tobacco) Act 2015 is designed to control the design and appearance of tobacco products and packaging. All forms of branding — trademarks, logos, colours and graphics must be removed from packaging, except for the brand and variant names, which must be presented in a uniform typeface for all brands on the market. All packs must be in a plain neutral colour, except for the mandatory health warnings and other items provided for by law.

The Act operates alongside other regulatory mechanisms for tobacco products and packaging generally. The regulation of the appearance of tobacco products and packaging is intended to contribute to improving public health by:

• reducing the appeal of tobacco products to consumers, increasing the effectiveness of health warnings on the retail packaging of tobacco products, and
• reducing the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.

The Act also gives effect in part to Directive No. 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale, of tobacco and related products.

While the revised Directive does not go so far as to introduce standardised packaging on an EU-wide basis, it provides that it shall not affect the right of Member States to introduce further requirements in relation to standardised packaging.

In addition, the introduction of standardised packaging for tobacco products was one of the means by which the Government gave effect to Ireland’s obligations under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). The following Articles of the WHO FCTC are of relevance:

WHO Requirements

Article 5 of the World Health Organisation FCTC requires each Party to develop and implement comprehensive national tobacco control strategies, plans and programs, and to take effective legislative and other measures for  preventing and reducing tobacco consumption, nicotine addiction and exposure to tobacco smoke.

Article 11 of the WHO FCTC requires Parties to implement effective measures to ensure that tobacco packaging does not promote a tobacco product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions.

Article 13 of the WHO FCTC requires Parties to implement comprehensive bans on tobacco advertising, promotion and sponsorship.

The Public Health (Standardised Packaging of Tobacco) Act 2015 clarifies that nothing in the Act operates to prohibit the registration of a trade mark or that nothing in the Act shall be grounds for the revocation of the registration of a trade mark.

Nothing in the Act affects the law in relation to tax stamps.

Retail Packaging of Cigarettes

The Public Health (Standardised Packaging of Tobacco) Act, 2015  provides for a number of elements to be prescribed by the Minister including: the colour of the outer and inner surfaces of tobacco packaging, the form and manner of barcodes and the manner in which a name may be printed on tobacco products. The Act   provides for the specifications for cigarette packets, which must

• have an outer surface of a prescribed colour with a matt finish,
• have an inner surface of a prescribed colour,
• have no marks or trademarks,
• not have any decorative ridges, embossing or embellishments
• not have a coloured or non-transparent adhesive,
• not contain any inserted or affixed items.

The above provisions  do not apply to

• health warnings,
• a bar-code or other  specified identification mark
• other items provided for by law.

Packet Appearance

The following may be printed on a cigarette packet: (a) a brand or business or company name, and (b) a variant name. The names must be printed in accordance with regulations) and may be printed on the cigarette packet (i) once on the front outer surface, (ii) once on the top outer surface, and (iii) once on the bottom outer surface, provided that the text does not obscure or interfere with health warnings.

The barcode or other similar identification mark may be printed once on a cigarette packet in a form and manner prescribed by the Minister, provided that it does not convey any information to the consumer (including any electronic communication).

A cigarette packet must

• be cuboid in shape with edges that may be rounded or bevelled,
• be made of carton or soft material,
• not have an opening that may be re-closed or re-opened other than (i) a flip-top lid, provided it is hinged at the back of the packet,or (ii) a shoulder box hinged lid.

The above requirements apply to any other form of outside packaging of cigarettes. A wrapper covering a cigarette packet or any other form of outside packaging of cigarettes shall

• be transparent,
• not be coloured,
• not have any decorative ridges, embossing or embellishments,
• not have a trademark or mark other than a tear-strip as permitted
• not have any affixed item, other than asprovided by law.

The Minister may prescribe the manner in which a tear strip may be printed on a wrapper, including colour, dimensions, specifications, and positioning. The Minister may prescribe the manner in which names may be printed on a cigarette packet or outside packaging of cigarettes, including colour, font, font size, positioning and appearance.

In prescribing a colour, the Minister shall have regard to

• the need to decrease the appeal of cigarettes,
• the need to increase the effectiveness of health warnings on retail packaging of cigarettes and
• the need to reduce the ability of retail packaging of cigarettes to mislead consumers about the harmful effects of smoking.

The  retail packaging of cigarettes that are to be sold by retail in the State.

Appearance of Cigarettes

Public Health (Standardised Packaging of Tobacco) Act 2015   sets out the provisions for the appearance of cigarette sticks:

• the paper covering the cigarette must be white,
• where there is a filter tip this must be (i) white and (ii) the paper covering the filter tip may be white or have an imitation cork tip.

A brand name or business name or company name and a variant name to be printed on a cigarette in accordance with regulations. The   Minister may prescribe the manner and form for these matters, including the colour, font, font size, positioning and appearance of such a name. The  Minister shall have regard to

• the need to ensure that an erroneous impression is not created about the characteristics, health effects, hazards or emissions of cigarettes, and
•  the need to reduce the ability of cigarettes to mislead consumers about the harmful effects of smoking.

An imitation cork tip’’ means the paper covering the filter tip that is printed to look like cork. It   is an offence for a person to manufacture, import or sell cigarettes that do not comply with the legislation, which applies to cigarettes intended for retail sale in the State.

Retail Packaging of Roll-your-own Tobacco

A unit packet of roll-your-own tobacco shall

• be a prescribed colour with a matt finish on the outside,
• be a prescribed colour on the inside,
• have no marks or trademarks,
• not have any decorative ridges, embossing or embellishments,
• not have a coloured or non-transparent adhesive,
• not contain any inserted or affixed items other than as provided for by law.

The first and third requirements do not apply to health warnings, a bar code or other similar identification marks which is in accordance with regulations.

RYO Tobacco Appearance

The following may be printed on a unit packet of roll-your-own tobacco:

•  a brand business or company name, and a variant name. The name must be printed in accordance with regulations and may be printed
• where the packet is cuboid once on the front outer surface,  once on the top outer surface, and ) once on the bottom outer surface, or
• where the packet is other than cuboid in shape, twice on the outer surface but not more than once on any one surface, provided that the name does not obscure or interfere with health warnings.

A bar code or other similar identification mark may be printed once on a unit packet of roll your own tobacco in a form and manner to be prescribed by the Minister, provided that it does not convey any information to the consumer (including any electronic communication).

A unit packet of roll your own tobacco must

• be cuboid and may have rounded or bevelled edges,
• be cylindrical or
• have the form of a pouch.

The above requirements apply with all necessary modifications to any other form of outside packaging of roll your own tobacco. A wrapper covering a unit packet or any other form of outside packaging of roll your own tobacco shall

• be transparent,
• not be coloured,
• not have any decorative ridges, embossing or embellishments,
• not have a trademark or mark other than a tearstrip
• not have any affixed item, other than as provided by law

The Minister may prescribe the manner in which a tear strip may be printed on a wrapper including colour, dimensions, specifications, and positioning.

The Minister may prescribe the manner in which names may be printed on a unit packet or outside packaging of roll your own tobacco, including colour, font, font size, positioning and appearance. In prescribing a colour or other the Minister shall have regard to

• the need to decrease the appealof roll your own tobacco,
• the need to increase the effectiveness of health warnings on retail packaging of roll your own tobacco and
• the need to reduce the ability of retail packaging of tobacco products to mislead consumers about the harmful effects of smoking.

These provisions apply to the retail packaging of your own tobacco that are to be sold by retail in the State.

Retail Packaging of other Tobacco Products

The specifications for the retail packaging of tobacco products other than roll your own tobacco and cigarettes. A unit packet of other tobacco products shall

• be a prescribed colour with a matt finish on the outside,
• be a prescribed colour on the inside,
• have no marks or trademarks,
• not have any decorative ridges, embossing or embellishments,
• not have a coloured or nontransparent adhesive,
• not contain any inserted or affixed items other than as provided for by law.

The first and third requirements do not apply to  health warnings, a bar-code or other similar identification mark which is in accordance with regulations

The following may be printed on a unit packet of other tobacco products:  a brand or business or company name and a variant name. The names  must be printed in accordance with regulations  and may be printed

• where the packet is cuboid (i) once on the front outer surface, (ii) once on the top outer surface, and (iii) once on the bottom outer surface, or
• where the packet is other than cuboid in shape, twice on the outer surface but not more than once on any one surface, provided that the name does not obscure or interfere with health warnings.

A bar-code or other similar identification mark may be printed once on a unit packet in a form and manner prescribed by the Minister, provided that it does not convey any information to the consumer (including any electronic communication).

The above requirement apply with all necessary modifications to any other form of outside packaging of other tobacco products.

Wrapper Other Products

A wrapper covering a unit packet or any other form of outside packaging of other tobacco products shall

• be transparent,
• not be coloured,
• not have any decorative ridges, embossing or embellishments,
• not have a trademark or mark other than a tear-strip
• not have any affixed item, other than as provided by law.

The Minister may prescribe the manner in which a tear strip may be printed on a wrapper including colour, dimensions, specifications, and positioning. The  Minister may prescribe the manner in which names may be printed on a unit packet or outside packaging of other tobacco products, including colour, font, font size, positioning and appearance.

In prescribing a colour for or matters referred to above, the Minister shall have regard to

• the need to decrease the appeal of tobacco products other than cigarettes or roll your own tobacco,
• the need to increase the effectiveness of health warnings on retail packaging of tobacco products other than cigarettes or roll your own tobacco and
• the need to reduce the ability of retail packaging of tobacco products other than cigarettes or roll your own tobacco to mislead consumers about the harmful effects of

Linings of Tobacco Products

Where a lining is present, it shall be of a colour and material as may be prescribed.

Tar, nicotine and carbon monoxide yields

The tar, nicotine and carbon monoxide content shall not be printed on a unit packet or any other form of retail packaging of a tobacco product. A tobacco product’’ includes a tobacco product intended to be placed on the market in the EU.

Presentation of Tobacco Products

A tobacco product and any retail packaging, including any brand name, business name or company name printed on a tobacco product or the outside packaging, or any bar-code or other identification mark, shall not

• promote a tobacco product or encourage its consumption by containing information that creates incorrect impressions about its characteristics, health effects, hazards or emissions,
• contain information suggesting a tobacco product is less harmful or reduces the effect of the harmful components of smoke,
• contain information suggesting that a tobacco product has vitalising, energetic, healing, rejuvenating, natural or organic properties, or lifestyle benefits,
• make reference to taste, smell, flavouring or absence thereof,
• contain any element that resembles a food or cosmetic product,
• suggest a tobacco product has improved biodegradability or other environmental advantages.

It is an offence for a person to manufacture, import or sell tobacco products which contravene the requirements

Features of Retail Packaging

Any retail packaging of a tobacco product or any bar-code or similar identification mark printed on the outside packaging shall not  contain any sound effects or scents that promote the tobacco product,  or  contain any features designed to alter the retail packaging after sale including

• heat-activated inks,
• inks that appear gradually,
• inks that appear fluorescent in certain light,
• panels designed to be scratched or rubbed to reveal an image,
• removable tabs,
• fold-out panels

Offences in relation to Retail Packaging

It is an offence to package tobacco products with retail packaging, which contravenes the above requirements. It is an offence to manufacture retail packaging which contravenes the requirements.

It is an offence to import or sell tobacco products where their retail packaging contravenes the above provisions.

Where proceedings are brought, it is a defence for a person to show that he/she made all reasonable efforts to comply with the provisions of the legislation.

A person who is guilty of an offence shall be liable on summary conviction (i) to a class B fine or imprisonment for a term not exceeding 6 months, or both, in the case of a first offence, (ii) to a class A fine or to imprisonment for a term not exceeding 12 months, or both, in the case of a subsequent offence, or shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 8 years, or to both.

Where a person is convicted of an offence, the court shall order him/her to pay the prosecution costs and expenses unless there are special and substantial reasons for not doing so.

Where an offence is committed by a body corporate, and it is proved that it was committed with consent or connivance or was attributable to any wilful neglect of a director, manager, secretary or other officer of the body, that person as well as the body shall be guilty of an offence and may be proceeded against and punished.

Where the affairs of a body corporate are managed by its members, the above offences apply to the acts and defaults of a member as if he/she were a director or manager of the body.

Offence Proceedings

Proceedings under the Act may be brought and prosecuted by the Health Service Executive. Unless the contrary is proved, a tobacco product, or packaging of a tobacco product, that bears the name of the importer of the product shall be evidence that the tobacco product was imported by the person concerned.

Unless the contrary is proved, a tobacco product or retail packaging of a tobacco product that bears the name of the manufacturer shall be evidence that

• the tobacco product was manufactured by the person concerned,
• the retail packaging was manufactured by the person concerned, or
• that the person concerned packaged the tobacco product with retail packaging, as the case may be.

Unless the contrary is proved, a tobacco product, or retail packaging of a tobacco product, that bears a trade mark shall be evidence that the product or the retail packaging was manufactured by the person who owned that trademark at the time the offence was allegedly committed.

If a person registered to sell tobacco is found guilty of an offence under the legislation, then they can be removed from the register for a specified period.

Regulations re Appearance

Health (Miscellaneous Provisions) Act 2017 amends the Public Health (Standardised Packaging of Tobacco) Act 2015 to provide by way of regulations for a number of elements relating to the appearance of tobacco packaging. The regulation of the appearance of the

packaging is intended to contribute to improving public health by:

• reducing the appeal of tobacco products to consumers;
• increasing the effectiveness of health warnings on the retail packaging of tobacco products;
• reducing the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.

Health (Miscellaneous Provisions) Act 2017  set out further provisions in relation to the retail packaging of tobacco products, some of which are of a technical and practical nature and some of which seek to provide basic information to the consumer.

The Health (Miscellaneous Provisions) Act 2017 provides for other matters to include text in a prescribed form to indicate the type and weight or number of tobacco products contained in the packet, the inclusion of a tab to allow consumers to reseal the pack (excluding cigarette packs), the inclusion of a calibration mark which may be necessary for the automated production of the packaging, contact details of the manufacturer and additional information on cigar bands.

Elements  on Parks & Packaging

The Health (Miscellaneous Provisions) Act 2017 allows for the following elements to appear once on a cigarette pack;

• the word “cigarettes”,
• the number of cigarettes in the pack,
• contact details of the manufacturer, the form of these elements to
• be prescribed in regulations.

It allows for the inclusion of a calibration mark if it is necessary for the automated manufacture of the packaging.

Health (Miscellaneous Provisions) Act 2017 provides for the following to appear once on a roll-your-own pack; the words “roll-your-own tobacco”, the weight of the tobacco, contact details of the manufacturer, the form of these elements to be prescribed in regulations. The Act allows for the inclusion of a calibration mark if it is necessary for the automated manufacture of the packaging. It also permits the inclusion of a plain and transparent re-sealing tab in order for the consumer to re-seal the pack if necessary.

Health (Miscellaneous Provisions) Act 2017 allows for the following elements to appear once on the packaging of other tobacco products;

• the words “cigars” or “cigarillos” or “pipe tobacco”,
• the number of or weight in grams of tobacco product,
• contact details of the manufacturer,

the form of these elements to be prescribed in regulations.It allows for the inclusion of a calibration mark if necessary for the automated manufacture of the packaging and permits the inclusion of a plain and transparent re-sealing tab in order for the consumer to re-seal the pack if required. This section also provides for the prescribing of certain requirements for cigar bands, i.e. the manner in which they may be placed and the information to be contained on them.