Tobacco Plain Packaging Regulations 2011

• Tobacco manufacturers and importers who produce or import tobacco products for retail sale in Australia, who must comply with all physical and appearance requirements before the products reach the retail market.
• Packaging suppliers and designers working for the tobacco industry, who must ensure that packaging specifications meet the Regulations.
• Retailers, who must not sell tobacco products in non-compliant packaging.
• The Australian Competition and Consumer Commission (ACCC) and the Department of Health (which administer the regime).
• New Zealand, which is not subject to these requirements because the Regulations are exempt from the Trans-Tasman Mutual Recognition Act 1997 (regulation 1.1.5).

Outer packaging colour (regulation 2.2.1): all outer surfaces of primary and secondary packaging must be Pantone 448C. Inner surfaces of cigarette packs and cartons must be white. Inner surfaces of other primary and secondary packaging must be white or the natural colour of the packaging material. Linings of cigarette packs must be silver coloured foil with a white paper backing.

Permitted marks only (regulation 2.3.1): only the following categories of marks are permitted on primary and secondary packaging:

• Origin marks (regulation 2.3.2): identifying the country of origin.
• Calibration marks (regulation 2.3.3): for automated manufacture only.
• Measurement marks and trade descriptions (regulation 2.3.4): for quantity information.
• Bar codes (regulation 2.3.5).
• Fire risk statements (regulation 2.3.6).
• Locally made product statements (regulation 2.3.7).
• Name and address markings (regulation 2.3.8): identifying the manufacturer or importer.
• Consumer contact telephone number (regulation 2.3.9).
• Track and trace identifiers (regulations 2.3.10, 2.3.11).

Brand and name appearance (regulations 2.4.1, 2.4.2): any brand, business, company, or variant name must be:

• Printed in Lucida Sans typeface.
• No larger than 14 points for brand, business or company names; no larger than 10 points for variant names.
• With only the first letter of each word capitalised, and no other upper-case letters.
• In normal weighted regular font (no bold, italic, condensed, expanded, or other variation).
• In the colour Pantone Cool Gray 2C.

These requirements apply to cigarette packs and cartons under regulation 2.4.1 and to other retail packaging under regulation 2.4.2.

Dimensional requirements for cigarette packs (regulation 2.1.1): when the flip-top lid is closed:

• Height: between 85 mm and 125 mm.
• Width: between 55 mm and 82 mm.
• Depth: between 20 mm and 42 mm.

The flip-top lid must be hinged only at the top of the pack (regulation 2.1.1(3)). The pack must not contain any re-closeable or re-sealable opening other than the flip-top lid (regulation 2.1.1(2)).

No windows in packaging (regulation 2.1.6): packaging must not have any transparent or translucent parts that would allow the tobacco product to be seen.

Cigarette appearance (Part 3 Division 3.1): the paper casing must be white, or white with an imitation cork tip (regulation 3.1.1). Filter tips must be white (regulation 3.1.3). Any alphanumeric code may appear only once, printed in Lucida Sans at no more than 8 points in black, parallel to and not more than 38 mm from the non-lit end (regulation 3.1.2).

Cigar appearance (regulation 3.2.1): a single circumferential band in Pantone 448C is the only band permitted. The band may carry limited markings in Lucida Sans: the brand name, country of origin, and an alphanumeric code.

The Regulations contain very little ministerial or departmental discretion. They are highly prescriptive technical standards. The primary discretion lies with the manufacturer:

• Whether to include an alphanumeric code on cigarettes (regulation 3.1.2(1): "A cigarette may be marked...").
• Whether to use an adhesive band on a cigar (regulation 3.2.1(2): the band may be adhesive).
• Whether to include a primary packaging track and trace identifier (which is an option rather than a mandatory requirement under regulation 2.3.10).
• Whether to include wrappers with tear strips (regulation 2.5.2) and what form they take within the specified constraints.
• Whether to include inserts to avoid damage to tobacco products (regulation 2.6.2), subject to the limitations on what the insert may contain.

The Regulations do not themselves create offences or penalties. Offences for non-compliance with the packaging requirements are established in the parent Tobacco Plain Packaging Act 2011 (the Act). The Regulations define the technical standards that must be met to comply with the Act's offence provisions. Enforcement is via the Act, and the ACCC holds primary regulatory powers.

The Regulations came into force on 1 October 2012, with the full packaging regime applying from 1 December 2012. The Trans-Tasman Mutual Recognition Act exemption came into force at the same time, later made permanent by the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013 (noted in regulation 1.1.5).

The track and trace identifier requirements (regulations 2.3.10, 2.3.11) are a later addition, referring to the EU regulation dating from 2018. These were added to align Australia with international supply chain integrity requirements.

• Tobacco Plain Packaging Act 2011 (Commonwealth): the parent Act. The Regulations give effect to the Act's requirements for physical features (section 18), colour and finish (section 19), trade marks and marks (sections 20-22), and appearance of names (sections 21-22). Every regulation in Part 2 cross-references the relevant Act provision.
• Trans-Tasman Mutual Recognition Act 1997 (Commonwealth): permanently excluded from applying to these Regulations (regulation 1.1.5). This means New Zealand companies cannot rely on the Trans-Tasman Mutual Recognition regime to sell tobacco products in Australia in their home country packaging format.
• Commission Implementing Regulation (EU) 2018/574 of 15 December 2017: the EU track and trace regulation incorporated by reference into the definitions of primary and secondary packaging track and trace identifiers (regulation 1.1.3).

Total colour control: the Pantone 448C requirement for outer surfaces is absolute. There is no provision for matching shades, approximate colours, or equivalent standards. Manufacturers operating in multiple countries may not use a printing stock that merely approximates the specified colour. The standard is the Pantone swatch, not a colour description.

No stylistic variation in names: the requirements for brand and variant names are specific to normal weighted regular Lucida Sans. This excludes bold, condensed, expanded, italic, oblique, or any other typographic variation. Even a slightly different weight of the Lucida Sans font family would not comply.

Only the listed marks are permitted: the list of permitted marks in regulation 2.3.1 is exhaustive, not illustrative. Any mark not specifically authorised is prohibited. A decorative element, a certification mark, an environmental claim badge, or even a recycling symbol not falling within one of the permitted categories would be prohibited.

Wrappers are separately regulated: where packaging is wrapped in plastic or other material (regulation 2.5), the wrapper has its own rules. The wrapper may include a mark to conceal bar codes (regulation 2.5.1) and may include a tear strip (regulation 2.5.2). The specification for tear strips (position, width, colour) is precise.

Product appearance as well as packaging: Part 3 is often overlooked because attention focuses on packaging. However the Regulations also specify what the tobacco products themselves must look like. A cigarette with coloured paper, a flavour indicator stripe on the paper, or a gold filter tip would not comply.

Inserts are tightly controlled: regulation 2.6.2 permits inserts to avoid damage to tobacco products, but the insert is severely constrained. It must not constitute tobacco advertising, must not be false or misleading, must not imply a product is less harmful, and must not reference the brand or variant. A "product information" insert that promoted brand identity would breach these requirements.

A tobacco manufacturer printing new cigarette cartons for the Australian market must confirm: outer surfaces are exactly Pantone 448C; the brand name appears only in Lucida Sans, no larger than 14 points, in Pantone Cool Gray 2C, capitalised in title case only; the variant name is no larger than 10 points in the same format; the only additional marks are those in the regulation 2.3.1 permitted list; and the dimensions comply with regulation 2.1.2.

A packaging auditor checking a new cigar product examines the circumferential band. The band may only be Pantone 448C, may only carry the brand name, country of origin, and an alphanumeric code, and all text must be in Lucida Sans. If the band carries any other mark, image, or colour element it does not comply.

An importer of a tobacco product from New Zealand cannot rely on New Zealand packaging standards to sell the product in Australia. The Trans-Tasman Mutual Recognition Act exemption (regulation 1.1.5) means New Zealand's equivalent laws do not create a right to sell product in Australia in non-compliant packaging.

A manufacturer wanting to add a QR code to packaging must check whether it falls within the track and trace identifier category (regulations 2.3.10-2.3.11) or within the machine-readable code permissions. If the QR code links to brand content or advertising, it is not a track and trace identifier and is prohibited.