Position of general warning and information message on cigarettes and hand rolling tobacco
8.—(1) This paragraph applies to—
(a)a unit pack of cigarettes, other than a shoulder box(1); 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(2) (“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.
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.
OJ L 252, 29.9.2015, p.49.