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The Standardised Packaging of Tobacco Products Regulations 2015

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This is the original version (as it was originally made).

PART 4Provisions which apply to all tobacco products or to both cigarettes and hand rolling tobacco

Product presentation

10.—(1) No person may produce or supply a tobacco product in breach of any of the provisions of this regulation.

(2) The labelling of—

(a)the packaging in which a tobacco product is, or is intended to be, presented for retail sale, or

(b)the product itself,

may not contain any element or feature falling within paragraph (3).

(3) An element or feature falls within this paragraph if it—

(a)promotes a tobacco product 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 tobacco product,

(c)suggests that a particular tobacco product—

(i)is less harmful than others,

(ii)aims to reduce the effect of some harmful components of smoke,

(iii)has vitalising, energizing, healing, rejuvenating, natural or organic properties, or

(iv)has other health or lifestyle benefits,

(d)refers to taste, smell or any flavourings or other additives, or the absence of any such thing,

(e)resembles a food or a cosmetic product, or

(f)suggests that a particular tobacco product has improved biodegradability or other environmental advantages.

(4) The packaging in which a tobacco product is, or is intended to be, presented for retail sale may not contain any element or feature which suggests economic advantage by including printed vouchers or offering discounts, free distribution, two-for-one or other similar offers.

(5) The elements and features referred to in paragraphs (2) to (4) include (but are not limited to) texts, symbols, names, trade marks, figurative signs and other types of sign.

(6) Nothing in this regulation affects or is affected by any other provision of these Regulations.

Packaging of cigarettes or hand rolling tobacco not to produce noise or scent

11.—(1) No person may produce or supply any cigarettes or hand rolling tobacco if any part of the packaging in which the product is, or is intended to be, presented for retail sale—

(a)makes a noise, or

(b)contains or produces a smell,

that is not normally associated with the packaging of cigarettes or, as the case may be, hand rolling tobacco.

(2) Paragraph (1) does not prohibit any smell in the packaging of cigarettes or hand rolling tobacco which results from any manufacturing process which is designed to give the cigarettes or hand rolling tobacco a characterising flavour that is not prohibited.

Packaging of cigarettes or hand rolling tobacco not to change after retail sale

12.—(1) No person may produce or supply any cigarettes or hand rolling tobacco if the packaging in which the product is, or is intended to be, presented for retail sale includes any features which are designed to change the packaging after retail sale.

(2) Such features include (but are not limited to)—

(a)heat activated inks,

(b)inks or embellishments designed to appear gradually over time,

(c)inks that appear fluorescent in certain light,

(d)panels designed to be scratched or rubbed to reveal an image or text,

(e)removable tabs, and

(f)fold-out or slide-out panels.

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