Tobacco plain packaging

Plain (or standardized) packaging is defined as “measures to restrict or prohibit the use of logos, colors, brand images or promotional information on packaging other than brand names and product names displayed in a standard color and font style”.

In 2018, WHO published a Global status update outlining the first wave of countries that implemented plain packaging, and how they did so. This update outlines how the second wave of countries i.e. Belgium, Canada, Denmark, Israel, Myanmar, Netherlands, Saudi Arabia, Singapore, Slovenia, Thailand, and Türkiye is implementing plain packaging relative to the first wave. Since the finalization of this publication, Georgia and Mauritius have issued regulations to implement plain packaging by end of 2022. Armenia, Botswana, Cote d’Ivoire, and Finland have also amended their legislation to implement plain packaging. This should give other countries a push to follow suit with confidence about the legal status and impact of plain packaging.

The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) obliges Parties to implement effective packaging and labelling measures (Article 11) and a comprehensive ban (or restrictions) on tobacco advertising, promotion and sponsorship (Article 13). Guidelines for the Implementation of Articles 11 and 13 recommend that Parties consider adopting plain packaging of tobacco products.

The Global Status Update of 2018 outlined the first wave of countries to implement plain packaging, and how they did so. This update outlines how the second wave of countries i.e. Belgium, Canada, Denmark, Israel, Myanmar, Netherlands, Saudi Arabia, Singapore, Slovenia, Thailand, and Türkiye are implementing plain packaging relative to the first wave. Armenia has also amended its legislation but not yet issued regulations.

Plain (or standardized) packaging is defined as “measures to restrict or prohibit the use of logos, colours, brand images or promotional information on packaging other than brand names and product names displayed in a standard colour and font style”.ii The objectives of plain packaging include:

1. reducing the attractiveness of tobacco products;
2. eliminating tobacco packaging as a form of advertising and promotion;
3. eliminating misleading information by addressing package design techniques that may suggest that some products are less harmful than others; and
4. increasing the noticeability and effectiveness of health warnings.

These objectives contribute to the broader goal of protecting health by reducing demand for tobacco products.

Plain packaging is recommended to be introduced as part of a comprehensive approach to tobacco control, including large graphic health warnings and comprehensive bans on tobacco advertising, promotion and sponsorship. Although plain packaging will not be able to solve the tobacco epidemic on its own, it should be introduced as part of a comprehensive tobacco control strategy, as proposed in the WHO FCTC.

Certain core elements form part of any plain packaging implementation strategy. However, governments that decide to move ahead with plain packaging can choose different approaches to implementation. This update provides:

• an overview of global progress on the implementation of plain packaging (part 2);
• the key elements of plain packaging legislation (part 3);
• a comparative analysis of the regulations of governments that have implemented plain packaging (part 4);
• an update on litigation related to plain packaging laws (Part 5); and
• examples of plain packaged products (Annex I and Annex II)
• summary of all the legal challenges related to plain packaging (Annex III) Based on implementation up to and including 21 October 2021.