Pictorial Health Warnings for Tobacco-Product Packaging Updated

The Ministry of Health (“ Ministry ”) recently issued Regulation No. 56 of 2017 (“ Amendment ”), which amends Ministry Regulation No. 28 of 2013 on the Affixation of Health Warnings and Information to Tobacco-Product Packaging (“ Regulation No. 28/2013 ”).The Amendment introduces a number of new types of pictorial health warnings, as well as various kinds of information that must be affixed to tobacco-product packaging by tobacco producers and importers. These new pictorial health warnings and information are intended to eventually improve the awareness of Indonesia's citizens regarding the dangers and health risks which are associated with smoking.Pictorial Health WarningsAs a general rule, all tobacco products are required to have health warnings affixed to them, with the exception of traditional tobacco products (i.e.,klobotcigarettes orklembak menyan). [1] Regulation 28/2013 sets out five different kinds of pictorial health warnings which are required to be used by tobacco producers and importers.Tobacco producers and importers which are categorized as taxable businesses (i.e., they produce or import more than 24 million cigarettes per year) are required to print one of five types of pictorial warnings which are set out in the Appendix to the Amendment on any given cigarette package. Moreover, these warnings should follow the applicable size ratios for the relevant type of tobacco packaging. Note also that producers and importers are not given the option of choosing from the five pictorial health warnings. Instead, they are required to affix all five of the health warnings to their packaging on a proportional basis, meaning that any single warning should appear on 20% of all of the relevant cigarette packaging. This is in contrast to non-taxable tobacco producers and importers, which are only required to affix of two different types of pictorial warnings. [2] The Amendment introduces five new types of pictorial health warnings which have now replaced the previously required warnings, as illustrated below:Picture Size Ratios for Tobacco PackagingThe appendix to the Amendment sets out a list of detailed picture size ratios for the new pictorial health warnings, as well as information relating to each shape or form of tobacco packaging. Note that these ratios cannot be changed by tobacco producers and importers. The various picture ratios which must be complied with by each type of tobacco package are set out in the table below.