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The Tobacco and Related Products Regulations 2016

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This is the original version (as it was originally made).

Combined health warnings on tobacco products for smoking

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5.—(1) No person may produce or supply a tobacco product for smoking unless it complies with this regulation.

(2) A unit pack and any container pack of a tobacco product for smoking must carry a combined health warning.

(3) A combined health warning must consist of—

(a)one of the text warnings listed in Annex 1 to the Tobacco Products Directive together with a corresponding colour photograph, as specified in the picture library in Annex II to that Directive(1); and

(b)the following smoking cessation information: “Get help to stop smoking at www.nhs.uk/quit”.

(4) A combined health warning must appear on both the front and back surfaces of the unit pack and any container pack, and the same text warning and corresponding colour photograph must appear on both surfaces.

(5) A combined heath warning must—

(a)cover 65% of the area of each surface on which it appears;

(b)appear at the top edge of the surface concerned;

(c)be positioned in the same direction as any other information on that surface; and

(d)comply with the conditions set out in regulation 11.

(6) A combined health warning must be reproduced in accordance with the layout, design and proportions specified in Commission Implementing Decision (EU) 2015/1842 of 9th October 2015 on the technical specifications for the layout, design and shape of the combined health warnings for tobacco products for smoking(2) (“the Combined Health Warnings Decision”).

(7) For the purposes of this regulation, any reference in the Combined Health Warnings Decision—

(a)to a manufacturer or an importer is to be construed as a reference to a producer; and

(b)to outside packaging is to be construed as a reference to a container pack.

(8) In the case of a unit pack of cigarettes, a combined health warning must be not less than—

(a)44mm high; and

(b)52mm wide.

(9) In the case of a cylindrical pack, references in this regulation to the front and back surfaces are to the two opposite halves of the curved surface of the pack that is visible before the pack is opened, if the curved surface is divided equally along a vertical plane.

(10) This regulation does not apply to a unit pack or container pack to which regulation 9 (large cigars and individually wrapped cigars and cigarillos) applies.

(1)

See Commission Delegated Directive 2014/109/EU of 10 October 2014 (OJ L 360, 17.12.2014, p.22), amending Annex II to Directive 2014/40/EU of the European Parliament and of the Council by establishing the library of picture warnings to be used on tobacco products.

(2)

OJ L 267, 14.10.2015, p.5.

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