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28.—(1) No person may produce or supply a herbal product for smoking unless it complies with paragraphs (2) to (5).
(2) A unit pack and any container pack of a herbal product for smoking must carry a health warning consisting of the text: “Smoking this product damages your health”.
(3) The health warning must—
(a)appear on both the front and back surfaces of the unit pack and any container pack;
(b)cover 30% of the area of each of those surfaces, calculated in relation to the area of the surface concerned when the pack is closed;
(c)be in black Helvetica bold type on a white background;
(d)be in a font size which ensures that the text occupies the greatest possible proportion of the surface area reserved for it; and
(e)appear at the centre of that area.
(4) A unit pack and any container pack of a herbal product for smoking must not—
(a)state that the product is free of additives or flavourings; or
(b)include any element or feature that falls within paragraph (5).
(5) An element or feature falls within this paragraph if it—
(a)promotes a herbal product for smoking or encourages its consumption by creating an erroneous impression about its characteristics, health effects, risks or emissions;
(b)includes any information about the nicotine, tar or carbon monoxide content of a herbal product for smoking;
(c)resembles a food or a cosmetic product; or
(d)suggests that a particular herbal product for smoking—
(i)is less harmful than other herbal products for smoking,
(ii)aims to reduce the effect of some harmful components of smoke,
(iii)has vitalising, energising, healing, rejuvenating, natural or organic properties, or
(iv)has other health or lifestyle benefits.
(6) The elements and features referred to in paragraphs (4)(b) and (5) include (but are not limited to) texts, symbols, names, trade marks, figurative signs or other types of sign.
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