the package while at the same time avoid having to be put to the cost of also changing the interior color of the package. For example, without this exception a producer who used a white container with a color label on the outside would be forced to either leave the exterior of its current packaging white or pay to have the interior colour changed as well (to match the label). Whether intended or not, the ability to use different colours on the outside of the package and the inside of the package will be pounced upon by some (or most) producers to create distinctive packaging in a highly restricted environment.
Under the regulations, the interior and exterior packaging must have a smooth texture without any raised features, embossing, decorative ridges, budges or other irregularities. However, these rules do not apply to features of a container that are necessary to “assist visually impaired individuals.” The Government did not specify that Braille must be used to trigger the exception. Arguably, raised letters setting out the name of the producer and the strain may be permitted to allow visually impaired individuals to identify the contents within the packaging.
Explicitly prohibited is the use of hidden features designed to change the appearance of the container, such as heat-activated ink or a feature that is visible only through technologically means. Fold-out panels, cut-out windows and the inclusion of inserts and leaflets are all prohibited, as is including any image or information on the seal within the packaging itself.
There is also bad news for producers who thought they could be creative and use the barcode as a means to squeeze in some promotion or marketing information, as it is stipulated that a barcode must be printed in black and white and not contain any image or design.
While the Government overall did a good job carrying out its objective to ensure that packaging and labeling will only be able to be used to a very limited extent by producers to further market and promote their product, clearly there remains some areas for creative thinking. Expect producers with bright marketing and creative teams to take full advantage of the wiggle room that has been afforded to them.
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The National | July 10, 2018
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