Interagency Committee on Smoking and Health
Meeting Summary: October 26, 2000
Framework Convention on Tobacco Control
Warning Labels and Packaging Issues—Canadian Perspective
Norman Brown, MS, MBA, LLB, Director, Regulations and Compliance, Health Canada
Mr. Brown began with some background. The Canadian Tobacco Act of 1997 gives the government
of Canada the authority to place requirements on the tobacco industry in response to
conclusive evidence linking tobacco use to fatal diseases. The new health warning messages
and the interior health information messages form an effective combination designed to
enhance public awareness of the health hazards of tobacco use and to help smokers find out
more information to help them quit.
Mr. Brown indicated that tobacco use is the leading cause of preventable deaths and disease
in Canada. In 1999, just over six million people smoked and approximately one-half will die
prematurely as a result of their tobacco use. The new health warning messages could prevent
more than 30,000 premature deaths over the next 26 years. Ideally, the health warning
messages would be the first thing the smoker sees when buying a package and the last thing
seen before lighting the cigarette.
Health warning messages in Canada have undergone great changes. Before 1989, they consisted
of a single message on the side of the pack. In 1989, manufacturers were required to print
one of four messages on the bottom 20% of the package. In 1994, the requirements were
changed so that the health warning message was moved to the top 25% of the package. This is
what is currently in place voluntarily by the tobacco industry.
Between 1990 and 1999, Health Canada conducted a number of studies on consumers’ knowledge,
actions, and behavior toward health warning messages and the impact of size, picture, color,
and legibility. Warning messages with pictures were found to be approximately 60 times more
encouraging to stop people from smoking or from starting to smoke than messages without
pictures. The impact of a message occupying 50% of the principal display surface of the
package was significant in stopping youth from smoking. Over two-thirds of adults and 80% of
youth thought health warnings showing blackened lungs and text were more effective than a
message that used text only. Warnings with color pictures were more effective than black and
white ones. The new designs were two times as legible and three and a half times as
effective as those in current use.
The new regulations require that manufacturers and importers of tobacco products ensure that
every package of cigarettes, tobacco sticks, cigarette tobacco, leaf tobacco, kreteks,
bidis, pipe tobacco, cigars, and smokeless tobacco sold in Canada display a health warning.
Sixteen different health warnings were developed for cigarettes, four health warnings for
pipe tobacco and cigars, and four health warnings for chewing tobacco and bidis. Health
warning messages will occupy 50% of the package. Health warning messages include those on
disease and children, secondhand smoke, and addiction. With a few exceptions, manufacturers
and importers must include one of 16 health information messages in their packaging.
Canada is governed by the federal regulatory policy that provides a primary policy framework
for making regulations. In turn, the regulatory process is governed by the Statutory
Instruments Act mandating approval of the Cabinet before a regulation becomes a law. As part
of the regulatory policy, Health Canada had to first engage in extensive consultations with
the tobacco industry and other stakeholders. In January 2000, draft regulations were
published as a notice of intent in the Canada Gazette, and stakeholders were invited to
comment during a 30-day period. The regulations were redrafted based on comments received
and published for the second time in the Canada Gazette. Comments were once again solicited
and the regulation was redrafted. The Department held over 40 separate meetings with the
tobacco industry and received over 2,000 submissions, of which more than 400 separate
recommendations were analyzed. Members of the House of Commons voted unanimously to pass the
regulations without amendments. In June 2000 the regulations became law.
During the regulatory process, Health Canada faced internal and external challenges. The
time frame was tight and they had to ensure that the health warning messages were
scientifically accurate and legally sound. Regulations had to be prepared in both English
and French and there could be no discrepancies between the two. A balance had to be found
between the health community and the tobacco industry, concerns about cost, and
administrative burdens. Trade issues also had to be considered because their regulations
would have far-reaching effects on companies overseas who want to export tobacco products
into Canada.
During this process, Mr. Brown noted, there were several notable successes. The first was
the unanimous Parliamentary consensus. The second was the court decision denying the tobacco
industry’s request for an injunction that would have prevented the health warnings from
appearing for years. Mr. Brown believes there are many reasons why Canada was successful in
this effort. Health Canada’s research team laid the groundwork for the development of the
messages. Extensive focus group testing was conducted to ensure that these messages would be
effective, and all messages were proven to be scientifically accurate and valid. They had
the political support from Minister of Health Allan Rock and the support of senior
developmental officials, legal services, and Canadian health groups. They built strong
partnerships with the Privy Council office, the central agency responsible for seeing
regulations through the Parliamentary process. Publishing a notice of intent at the
beginning of the process built good will and gave people an opportunity to comment early in
the process.
The new law requires that brands of cigarettes with sales of more than 2% of the Canadian
market share display the health warnings by December 23, 2000. All other products have to
display messages by June 26, 2001. Although most of the large manufacturers and importers
are aware of the laws, several thousand small companies are not fully aware of their
responsibilities under the law. Health Canada is working to seek out and inform all affected
parties. They are also working with importers and manufacturers to make sure all tobacco
products sold in Canada comply with the law.
In addition, the health information messages on the inside of the packages provide a Web
address that refers readers to a site that provides smokers with additional information on
how to quit smoking. This is an important component of a comprehensive messaging system.
Mr. Brown indicated that approximately 95% of tobacco products sold in Canada are produced
and grown in that country. He also indicated that it is a very different product from that
grown in the United States. Approximately 44% of tobacco used in American cigarettes is
foreign grown.
To a question, Mr. Brown indicated that bidis, pipe tobacco, and smokeless tobacco come in
small packages and will not be required to carry graphics. Ms. Rosso stated that the FTC has
said that bidis are cigarettes and thus, bidi packages distributed in the United States are
required to carry the cigarette warning label.
Mr. Brown told the group that Canada is equally proud of their reporting regulations. They
get information on all the ingredients and the recipes and formulas by brand and weight for
all the tobacco products. They also get information on research under way by the tobacco
industry. Therefore, they are able to monitor trends in product development.
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