Comparison of the proposed Massachusetts Ingredient Disclosure regulations and the partial guidelines for implementation of articles 9 and 10 of the FCTC
| Organization | Massachusetts Department of Public Health (1997) | FCTC (2012 onward) |
|---|---|---|
| Legal requirement | An Act Providing for Disclosure of Certain Information Relating to Tobacco Products Sold in the Commonwealth6 | Articles 9 and 1011 |
| Trade secrets | Not addressed | Parties should not accept claims from the tobacco industry concerning the confidentiality of information that would prevent governmental authorities from receiving information about the contents and emissions of tobacco products. Governmental authorities should apply appropriate rules in accordance with their national laws when collecting information claimed to be confidential by tobacco manufacturers and importers in order to prevent unauthorised use and/or dissemination of this information11 |
| Form of disclosure to government | On a brand-by-brand basis all added constituents in the cigarette or smokeless tobacco product listed in descending order by its weight, measure or numerical count to MDPH6 | Manufacturers and importers of tobacco products disclose the ingredients used in products at specified intervals, by product type and for each brand within a brand family. Disclosing on a brand-by-brand basis and in a standardised format provide opportunities to analyse trends in product composition and keep track of subtle changes in the market11 |
| Disclosure to the public | If the department determines it is in the public interest to do so information received as part of a tobacco company disclosure may be released or distributed by the department to the public6 | Parties should disclose information about the toxic constituents and emissions of tobacco products to the public in a meaningful way. Parties may determine in accordance with their national laws the information that should not be disclosed to the public11 |
FCTC, Framework Convention on Tobacco Control; MDPH, Massachusetts Department of Public Health.