Tobacco graphic health warnings

Under the mandatory standard, all labelling for retail tobacco products, whether manufactured in or imported into Australia, must carry graphic health warnings. This labelling must:

• contain graphic health images
• include warning and information messages
• frequently rotate warning and information messages.

The health warnings must cover 30 per cent of the front and 90 per cent of the back of a cigarette packet. Cigars have their own specific health warnings.

Hazards

Death and serious illnesses

The use of tobacco products has been linked to a variety of illnesses, including:

• lung cancer
• throat cancer
• pancreatic cancer
• stomach cancer
• kidney and bladder cancers
• acute chest illnesses and diseases
• chronic chest illnesses and diseases
• lung illnesses and diseases
• stomach ulcers.

Serious illnesses for non-users, particularly children

Women who use tobacco products during pregnancy expose their children to the risk of serious respiratory illnesses. Children exposed to second-hand smoke also have an increased risk of these illnesses, including:

• reduced lung function, especially for infants
• an increase in lower respiratory tract infections during infancy
• impaired lung growth 
• the risk of developing more serious respiratory diseases in later life.

Mandatory standard

The Competition and Consumer (Tobacco) Information Standard 2011, prescribes requirements for this mandatory standard.

This mandatory standard commenced on 1 January 2012 and takes full effect on 1 December 2012.  Between 1 January and 30 November 2012, tobacco products regulated under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 (2004 Regulations) must comply with either the new 2011 Standard or the 2004 Regulations.  Tobacco products not subject to the 2004 Regulations may comply with the Standard but are not obliged to until 1 December 2012.  From 1 December 2012, all tobacco products sold at retail must comply with the new standard.

Does this apply to your business?

Under the ACL supply includes:

• in relation to goods - (including re-supply) by way of sale, exchange, lease, hire or hire-purchase and
• in relation to services - provide, grant of confer. 

This mandatory standard applies to anyone in the business of supplying tobacco products, including:

• manufacturers
• importers
• distributors
• retailers.

This mandatory information standard applies to the supply of all tobacco products supplied by a person within Australia to another person in Australia.

Supply exclusions

Tobacco products supplied in any of the following settings are not covered under the information standard:

• supplied by a person in Australia to a person outside of Australia
• supplied by a person outside of Australia to a person within Australia
• supplied between two persons who are both located outside of Australia
• supply of tobacco products at the point of import.

Complying with the mandatory standard

For complete information about the mandatory requirements for labelling tobacco products, suppliers must read the Competition and Consumer (Tobacco) Information Standard 2011. This information is essential to ensure you and your business comply with the mandatory standard.

Penalties and consequences

Suppliers can face heavy fines and recalls of non-compliant products if they trade in tobacco products that fail to meet requirements of the mandatory standard. For more details, view Penalties and consequences.