100000 € Fine
€100,000 fine [tobacco products: sale, packaging, advertising.. ]
1 Damage to reputation
Risk of inconsistency with company values - Respect of individuals

Packaging of Smoking and Non-Combustion Tobacco Products

Scope of application

Any manufacturer or importer of tobacco products.

Description

General provisions

Without prejudice to the provisions of article 575 D of the general tax code [the packaging units for the retail sale of tobacco must bear a fiscal mark representing the right of consumption], the packaging units, the outer packaging and cigarette and rolling tobacco overwraps, cigarette papers and cigarette rolling papers are neutral and uniform.

The labeling of packaging units, any outer packaging and the tobacco product itself may not include any element or device which:

Contributes to the promotion of a tobacco product or incites its consumption by giving an erroneous impression as to the characteristics, health effects, risks or emissions of this product (this includes in particular messages, symbols, names, trademarks, signs figurative or other). Are considered as elements and devices that contribute to the promotion of a tobacco product, all messages, symbols, brands, trade names, figurative signs or others which :

Suggest that a given tobacco product is less harmful than others, aims to reduce the effect of certain harmful components of smoke, has vitalizing, energizing, healing, rejuvenating, natural, biological or has beneficial effects on health or lifestyle, in terms of weight loss, power of sexual attraction, social status, social life or qualities such as femininity, masculinity or elegance;
Evoke a taste, odor, flavor or other additive, or the absence thereof;
Suggest that a given tobacco product is more readily biodegradable or has other environmental benefits;
Suggest economic benefits through printed coupons, discount offers, free distribution, two-for-one promotions, or other similar offers.

Looks like a food or cosmetic product.

Cigarette packaging unit

A cigarette packaging unit is made of cardboard or of a flexible material, parallelepiped in shape, the characteristics of which can be specified by order. The exterior and interior surfaces of packaging units, exterior wrappers and overwrap of cigarettes are smooth and flat. By derogation, the characteristics of a “calibration mark” resulting from the sole manufacturing process are authorized.

A cigarette packaging unit has no opening which can be closed or unsealed after the first opening, except for the hinged top cover and the hinged cover of a folding box. For packaging units with a hinged top cover and a tilting cover opening, the cover is only hinged on the back of the packaging unit.

The packaging unit complies with the size characteristics of the health warnings provided for in article L. 3512-22 (see section below).

Roll-your-own tobacco packaging unit

A roll-your-own tobacco packaging unit can be:

parallelepiped with characteristics that can be specified by order;
cylindrical;
a pocket.

The outer and inner surfaces of packaging units, outer wrappings and roll-your-own tobacco overwrap are smooth and, in the case of packaging units or parallelepiped-shaped outer packaging, flat.

By derogation, the characteristics strictly necessary for fixing the cylinder or for the process of opening and closing the packaging unit or the outer packaging of rolling tobacco are authorized.

When the roll-your-own tobacco packaging unit is fitted with a tab allowing it to be closed, the tab is:

devoid of any marking;
either clear in color or transparent and uncolored.

A cylindrical or parallelepiped shaped rolling tobacco packaging unit may contain a silvery-colored aluminum cover, without variation in tone or shade, and without texture. This cover is part of its inner packaging. The aluminum lid has no other texture than that which results from the manufacturing process and on the condition that it does not form an image, a model, a pattern or a symbol which can be associated with anything other than an aluminum cover.

The packaging unit complies with the size characteristics of the health warnings provided for in article L. 3512-22 (see section below).