Category: Packaging

  • Oregon Court Strikes Down Vape Packaging Law

    Oregon Court Strikes Down Vape Packaging Law

    Image: Alexander Berdyugin

    The Oregon Court of Appeals on Oct. 16 struck down a law restricting the packaging of vape and cannabis products on the grounds that the legislation unconstitutionally restricts free speech, reports Keller & Heckman.

    The contested law prohibited an “inhalant delivery system” from being packaged “in a manner that is attractive to minors.” Subsequently, the Oregon Health Authority banned the use of cartoons, celebrities and other representations that are likely to appeal to minors.

    It also restricted descriptive words for flavors that are likely to appeal to minors, such as tart, tangy or sweet. In addition to a comprehensive list of items explicitly prohibited from packaging, the rule includes a general catch-all restriction to include any presentation, shape, graphic, coloring or writing that is likely to appeal to minors.

    Plaintiffs Paul Bates and No Moke Daddy argued that the packaging restrictions were overly broad and unconstitutionally vague and infringed on their right to free speech by prohibiting truthful, non-misleading communication.

    the Oregon Court of Appeals reversed a lower court’s dismissal of the challenge, noting that the law violates free speech as outlined in the Oregon Constitution.

    The Court of Appeals explained that selling products is a form of communicative behavior that may involve protected speech. The court stated that the law restricting “attractive” packaging is reasonably interpreted to refer to the communicative aspects of the packaging and not its functionality. Thus, the packaging restrictions are a direct restriction on expressive speech.

  • Laos Adopts Plain Packaging

    Laos Adopts Plain Packaging

    Image: alexlmx

    Laos will require cigarette manufacturers to sell their products in generic packaging starting Dec. 5, 2024. The new law restricts the use of logos, colors, brand images or promotional information on tobacco product packages. Only brand names and product names are allowed, displayed in a uniform color and style.

    “This is significant progress when it comes to saving lives and safeguarding health against the harms of tobacco promotion and use,” said Saia Ma’u Piukala, director of the World Health Organization’s regional office for the western Pacific, in a statement. “This milestone builds on Laos’ complete ban on tobacco advertisement, promotion and sponsorship and world-leading 2021 ban of e-cigarettes and similar products.”

    Laos spends an estimated LAK3.6 billion ($162.35 million), or 2.3 percent of its gross domestic product, annually treating smoking-related illnesses, according to the WHO.

    “This is a commendable step toward protecting public health from tobacco, but there is further work to be done,” said Timothy Armstrong, WHO representative to Laos. “Each year sees more than 6,700 people in Laos—more than 17 per day—lose their lives due to tobacco use.

    “The most impactful action is to increase tobacco taxes and make tobacco products less affordable. Currently, Laos has the lowest tobacco tax rate in the ASEAN region. Increasing tobacco taxes, and removing tax exemptions for tobacco companies, will save lives and generate millions of dollars for development priorities.”

    According to the WHO, plain packaging eliminates tobacco packaging as a promotional tool and prevents the use of misleading design techniques that suggest some products are less harmful.

    “The benefits of health warnings are numerous,” said WHO Laos tobacco control expert Douangkeo Thochongliachi. “They remind smokers and non-smokers about the harmful effects of tobacco; a regular smoker sees a warning message thousands of times per year. Plain packaging reinforces this by making health warnings even more prominent.”

  • Industry Groups Push Back on Plain Packaging

    Industry Groups Push Back on Plain Packaging

    Photo: Taco Tuinstra

    More than 20 industry organizations signed a joint statement against Indonesia’s plans to require plain packaging for tobacco and vaping products, reports The Jakarta Post. The signatories included groups representing manufacturers, tobacco and clove farmers, labor unions, traders/retailers, creative industries, broadcasters and advertisers.

    Franky Sibarani, vice chairman of the Indonesian employers’ association Apindo, noted that, given the significance of the tobacco business in Indonesia, the regulatory pressures were likely be felt in other sectors as well. The tobacco industry, he pointed out, supports millions of jobs, including farmers, workers, traders and retailers, along with professionals working in the creative industry.

    “Policymakers should be cautious in issuing regulations that could threaten prolonged contractions,” said Sibarani.

    Henry Najoan, chairman of the Indonesian kretek cigarette manufacturers association Gappri, emphasized that the tobacco industry is not just a business but a significant economic and cultural chain.

    “The proposal for plain packaging […] will have serious impacts, as it exacerbates already excessive policies and could lead to a contraction in state revenue and employment,” he said. “Therefore, we firmly reject this regulation.”

    Benny Wachjudi, chairman of the Indonesian white cigarette producers association Gaprindo, highlighted the tobacco industry’s contributions to the national economy. The industry, he said, accounts for up to 10 percent, or more than IDR200 trillion ($12.99 billion), of Indonesia’s annual excise duty collections. Plain packaging, Wachjudi warned, would boost the illicit cigarette trade.

    Kusnasi Mudi, secretary-general of the National Tobacco Farmers Association, noted that tobacco cultivation alone supports 2.5 million livelihoods in Indonesia. “Tobacco is one of the national strategic commodities, but our existence is continually suppressed,” he said. “We request government protection for the 2.5 million farmers who are also struggling for their livelihoods and facing various other issues.”

    Tutum Rahanta, chairman of the advisory council of the Indonesian Retailers and Shopping Center Tenants Association, said that the plain packaging proposals are impractical for all parties involved. “This regulation seriously undermines the tobacco industry at a time when the sector, from upstream to downstream, has adhered to previous regulations,” he said. “The government should focus on combating illegal cigarettes rather than interfering with legal cigarettes that comply with the law.”

    Fabianus Bernadi, chairman of the Indonesian outdoor media association AMLI, said the proposed legislation would significantly impact his members’ economic viability. A recent survey suggested that in some regions, the organization’s companies derived up to 79 percent of their business from tobacco products.

  • FDA Halts Packaging Enforcement for 15 Months

    FDA Halts Packaging Enforcement for 15 Months

    Credit: Bilitster

    The U.S. Food and Drug Administration has provided guidance on the “Tobacco Products; Required Warnings for Cigarette Packages and Advertisements” final rule that established new required health warnings for cigarette packages and advertisements.

    Specifically, the FDA has issued guidance to the tobacco industry that describes the agency’s enforcement policy for the final rule. The final rule was issued in March 2020 and was challenged in the U.S. District Court for the Eastern District of Texas. In December 2022, the District Court struck down the rule.

    The government appealed the decision and in May of 2024, the U.S. Court of Appeals for the 5th Circuit reversed the District Court’s decision. This reinstated the final rule, causing the rule to now be in effect. The plaintiffs’ petition for a review by the Supreme Court review is pending.

    “The new guidance for the agency’s enforcement policy states that the FDA intends to exercise enforcement discretion and generally not enforce requirements of the final rule for 15 months, or until December 12, 2025,” an FDA release states. “With respect to products manufactured before December 12, 2025, the FDA also intends to exercise enforcement discretion and generally not enforce the rule’s requirements for these products for an additional 30-day period, or until January 12, 2026.”

    The pause aligns with the 15-month compliance period originally contemplated by the Family Smoking Prevention and Tobacco Control Act.

    The FDA chose 15 months to provide an orderly transition period; this aligns with the 15-month compliance period originally contemplated by the Family Smoking Prevention and Tobacco Control Act, before that timing was disrupted by litigation.

    The final rule also requires the industry to submit a plan and obtain FDA approval for the random and equal display and distribution of required warnings on cigarette packages and the quarterly rotation of required warnings in cigarette advertisements.

    The agency’s guidance recommends that entities that do not already have approved cigarette health warning plans submit such plans as soon as possible, but in any event, within five months or by February 10, 2025. Entities that previously submitted cigarette plans to the FDA do not need to resubmit their plans unless they wish to make changes.

    The public can provide comment on the guidance in the docket at regulations.gov. 

  • Top Court Urged to Review Graphic Labels

    Top Court Urged to Review Graphic Labels

    Images: FDA

    Cigarette manufacturers have asked the U.S. Supreme Court to review a lower court ruling affirming a Food and Drug Administration rule mandating graphic health warnings on cigarette packaging and advertisements, reports Law360.

    In March, the U.S. 5th Circuit Court of Appeals rejected industry arguments that FDA’s plans violates companies’ free speech rights and that the requirement overpowers branding and messaging on packages and advertisements due to the size of the images and lettering.

    Earlier, a district court had found that the new labels were provocative, value-laden messages that burdened tobacco companies’ free speech, but the Fifth Circuit disagreed, concluding that the warnings are undisputedly factual and the images “are no different from those a medical student might see in a textbook.”

    On Aug. 19, R.J. Reynolds Tobacco Co., ITG Brands and other tobacco companies urged the nation’s top court to review the appeals court’s decision, arguing that the proposed warnings are “massive, provocative and misleading.”

    They also noted that the Fifth Circuit’s finding are at odds with other court rulings that found “far smaller warnings were unduly burdensome.”

    “The Fifth Circuit’s opinion, if permitted to stand, would authorize the government to require similar massive and grotesque admonitions on virtually any disfavored consumer product—from fast food, candy and wine to plastic straws, firearms and gas stoves,” the petition said.

    The FDA released the final rule in March 2020 requiring new graphic warnings for cigarettes that feature some of the lesser-known but still serious health risks of smoking, such as diabetes, on the top half of the front and back of cigarette packages and at least 20 percent of the area on the top of cigarette advertisements.

  • Sonoco Announces 3-Piece Can

    Sonoco Announces 3-Piece Can

    Image: Sonoco Industrial & Specialty Plastics

    Sonoco Industrial & Specialty Plastics has launched the Sonoco 3-Piece Can for tobacco and other products.

    “The inspiration behind the 3-Piece Can stems from the challenges we’ve learned many manufacturers face, particularly in the chewing tobacco industry,” said Curtis Bares, global director of sales and marketing for Sonoco Industrial & Specialty Plastics.

    “The burden of ordering cans from overseas results in extensive lead times, increased inventory levels and excess packaging waste. That’s why we’ve embarked on a journey to develop a locally molded polypropylene can to alleviate these pain points.”

    The can is an injection-molded, 3-piece food-grade polypropylene set to be manufactured entirely in Forest City, North Carolina, USA. According to Sonoco, the company’s factory is FDA-registered and ISO-9001 certified, equipped with state-of-the-art machinery and a robust quality management system to guarantee adherence to specifications and sustainability standards.

    Sonoco lists the following benefits for its new product:

    • A dual-compartment design offering flexibility with two separate moisture-resistant compartments
    • Compact dimensions of 2.75” in diameter and 0.940” in depth
    • Eco-friendly makeup from single-resin material, recyclable in areas with proper collection infrastructure
    • Made in the USA, supporting local manufacturing and reducing carbon footprint
    • Just-in-time supply management, ensuring optimal inventory levels and minimizing storage costs
    • Efficient packaging design with reduced waste and minimal use of corrugate
    • Stackable design for ease of transportation and storage, ensuring product integrity

    For more information, visit sonoco.com/plastics.

  • FOBA Presents Compact UV Laser

    FOBA Presents Compact UV Laser

    Photo: Foba

    FOBA will be exhibiting three laser marking systems at the International Manufacturing Technology Show (IMTS) in Chicago, Sept. 9-14. The main focus will be on the lightweight and space-saving integration of the new UV laser head into a FOBA M1000.

    At IMTS, FOBA will be showcasing a full range of laser marking solutions, from the largest laser marking workstation, the M3000, to the compact M1000 manual workstation and the world’s smallest laser marking head, Titus. Each laser system shows different application areas and functions for efficient industrial product marking, from metals to plastics.

    The latest product in the FOBA product family is the optimized V series, which, with the 4 watt UV and 10 watt green marking laser, offers higher performance and better precision than its predecessor models, but at a fraction of the size. The laser head is so compact that it can be integrated into the FOBA M1000 manual workstation. The smaller size makes it easier to integrate into existing production environments.

    “The new V-Series shows its strength above all in the marking of plastics and composites, and is a sustainable alternative to other marking technologies such as continuous inkjet or pad printing,” says Philipp Febel, director product strategy and customer experience at FOBA. “In contrast to these technologies, the marking lasers require hardly any consumables and therefore minimize waste and operating costs.

  • Pakistan Urged to Block Small Pack Exports

    Pakistan Urged to Block Small Pack Exports

    Image: Maksym Kapliuk

    The African Tobacco Control Alliance (ATCA) has urged Pakistan to prevent British American Tobacco from exporting cigarettes in packs of 10 sticks to Sudan, reports The Independent.

    Pakistan prohibits the sale of cigarettes in such packs on its domestic market. BAT subsidiary Pakistan Tobacco Co. (PTC) has asked the government to make an exemption for a large order from Sudan, which permits the sale of 10-stick packs on its territory.

    In its statement, the ATCA urged the Pakistani government to reject PTC’s request, emphasizing the need to protect children from the dangers of smoking.

    According to the ATCA, the 20-cigarette per-pack rule is the global standard for the protection of children. Because packs with fewer than 20 cigarettes are less expensive, the argument goes, it is more likely that underage buyers will purchase them. The ATCA refers to such packs as “kiddie packs.”

    At least 82 countries have laws requiring a minimum of 20 cigarettes a pack.

    “BAT is pushing you to change regulations so that it can manufacture 10-stick cigarette packs and export them to Sudan, the ATCA wrote in its letter to the government of Pakistan. “However, the WHO Framework Convention on Tobacco Control in its Article 16 calls on parties to prohibit the sale of cigarettes in small packets, which increases the affordability of such products to minors. Consequently, Pakistan as a party to the convention should not allow manufacturing of 10-stick cigarette packs.”

    The organization condemned BAT’s explanation that the 10-stick packs will be sold only in Sudan, noting that if the tobacco giant is allowed to succeed with this plan in Sudan, other African countries would be next. “It is unconscionable that BAT thinks it is ok to change a law on one continent in order to target vulnerable populations on another,” ATCA wrote.

    “In Sudan and other countries in Africa, people need food, medicine and other lifesaving supports. What they do not need is kiddie packs of cigarettes that put them at increased risk of tobacco addiction, diseases and death. And we know that once BAT gets kiddie packs into one country, they will make their way across Africa.”

  • Germany Revokes Shisha Packaging Rules

    Germany Revokes Shisha Packaging Rules

    Image: ir1ska

    Germany’s finance ministry has revoked its rules for packaging shisha tobacco, which caused major backlash and some retailers to go bankrupt, according to DPA International.

    The packaging regulation was introduced in 2022 to prevent tax evasion, which was a frequent issue in shisha bars. Shisha bars would buy large packages of shisha tobacco and divide them into small portions, which the government said was tax evasion because the bars were paying less in taxes than they should be.

    The packaging regulation subsequently banned 200-gram packs and 1,000-gram packs and only allowed packs to be a maximum of 25 grams. The finance ministry expected an additional tax revenue of €155 million ($165 million) following the restrictions; however, tax income declined as the black market increased.  

    According to DPA, the regulations will be lifted beginning July 1, allowing packs of all sizes to be legal again.

  • New Zealand Warnings Losing Bite: Study

    New Zealand Warnings Losing Bite: Study

    Photo: Taco Tuinstra

    Research out of New Zealand has found that graphic health warnings on tobacco packages are no longer motivating smokers to quit, reports RNZ.

    According to Lani Teddy, University of Otago research fellow, the warnings have not been refreshed since 2018 and have lost their impact.

    “For example, many on-pack warnings feature diseased organs that participants found difficult to recognize. They felt messages that recognized them as whole people would create greater empathy and do more to encourage them to quit,” Teddy said in a statement.

    The study found that consumers were avoiding looking at the health warnings and did not feel that they would be personally harmed by using the products. According to Teddy, smokers were more likely to care about cost, stress of addiction and how their smoking affected their loved ones.

    “Other countries are moving ahead with additional product design policies,” said Janet Hoek, research co-leader. “Canada has introduced warnings on individual cigarettes, a move that Australia is also considering. Australia has brought in new regulations that allow for filter regulations and is banning the use of flavor capsules, which make smoking more appealing to young people.”

    Hoek said the packaging should include details on how to quit smoking.

    “The repeal of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2023 has left a policy vacuum,” Hoek said. “The government should demonstrate its commitment to the Smoke-Free 2025 goal by adopting international best practice in both tobacco product and packaging measures.

    “At the very least, the government should maximize the impact that existing measures, such as on-pack warnings, could have and complement these with advice that will help people quit.”