Regulation 8 Position of general warning and information message on cigarettes and hand rolling tobacco

(1)

This paragraph applies to—

(a)

a unit pack of cigarettes, other than a shoulder box M1; and

(b)

a unit pack of hand rolling tobacco which is cuboid in shape, but not a shoulder box.

(2)

Where paragraph (1) applies to a unit pack—

(a)

the general warning must appear on one of the secondary surfaces of the pack;

(b)

the information message must appear on the other secondary surface; and

(c)

each of those health warnings must be—

(i)

positioned at the bottom edge of the surface on which it appears, and

(ii)

at least 20mm wide.

(3)

In the case of a unit pack of cigarettes or hand rolling tobacco in the form of a shoulder box—

(a)

the general warning must appear in its entirety on the larger of the two split parts of one of the secondary surfaces of the shoulder box;

(b)

the information message must appear in its entirety on the larger of the two split parts of the other secondary surface of the shoulder box; and

(c)

the general warning must also appear on the inside of the lid, such that it is visible when the pack is open.

(4)

In the case of a unit pack of hand rolling tobacco which is cylindrical, with a lid—

(a)

the general warning must appear on the outside surface of the lid; and

(b)

the information message must appear on the inside surface of the lid.

(5)

A unit pack of hand rolling tobacco in the form of a rectangular pouch must carry a general warning and an information message in accordance with Article 2.1 of Commission Implementing Decision (EU) 2015/1735 of 24th September 2015 on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches M2 (“the Pouches Decision”).

(6)

Paragraph (5) does not apply to a unit pack of hand rolling tobacco which is in the form of a wraparound rectangular pouch made from polythene, polypropylene or laminate material where the product—

(a)

is manufactured or released for free circulation in the European Union before 20th May 2018;

(b)

is supplied before 20th May 2019; and

(c)

carries a general warning and an information message in accordance with Article 2.2 of the Pouches decision.

(7)

A unit pack of hand rolling tobacco in the form of a standing pouch, must carry a general warning and an information message in accordance with Article 3 of the Pouches Decision.

(8)

For the purposes of this regulation, any reference in the Pouches Decision to roll-your-own tobacco is to be construed as a reference to hand rolling tobacco.

(9)

In this regulation, a “shoulder box” means a unit pack which is cuboid in shape with a hinged lid that results in the secondary surfaces being split into two when the pack is opened.

F1(10)

Regulations may amend paragraphs (5) to (8) as regards the precise position of the general warning and the information message on hand rolling tobacco marketed in pouches which is a GB tobacco product, taking into account the different shapes of pouches.

Annotations

Textual amendments

F1: Reg. 8(10) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(8) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(10), 5); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1: Regulation 4(3) of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I.2015/829), which implements Article 14.1 of the Tobacco Products Directive provides that a unit pack of cigarettes must be cuboid in shape.
M2: OJ L 252, 29.9.2015, p.49.