The legality of health warning sticker placement?


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Personally I understand the reasons why they slap ugly stickers on boxes,  I wish they wouldn't do it, but I get it

My question is this.  By placing stickers over the warranty seals etc, are they actually affecting the customers rights to legitimise the product they are buying?, and secondary market value?

Their stickers can be just as big, but must critically avoid all paperwork that are key to ensuring you are buying a legitimate product. For example whats the point of a water mark, or a micro printed serial number, if you can actually use them. 

The image attached illustrates how the sticker prevents the buyer from assessing at least three of the security features of the packaging.   Is there any legality in suggesting they are breaching the buyers rights?

5b0868ffb4335_20180430_155957(1).thumb.jpg.310b4b902fbca9313da6ec7f0a3f1888.jpg

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I'm curious to know if the adhesive qualities are written into the law.  Must they use an adhesive glue that makes it impossible to remove the stickers?  Can they not use a removable-friendly adhesive that are found on all kinds of finished goods that can be cleanly peeled off?  

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2 minutes ago, MD Puffer said:

I'm curious to know if the adhesive qualities are written into the law.  Must they use an adhesive glue that makes it impossible to remove the stickers?  Can they not use a removable-friendly adhesive that are found on all kinds of finished goods that can be cleanly peeled off?  

Yep I can agree with this.  Even if they want to use the super gummy stuff on the timber/unaffected dress box paper, thats fine, as 10mins with a hair dryer and your fine, but to create a situation whereby the buyer cannot access the security features of a box, surely that has to against some sort of consumer rights legislation?

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1 minute ago, multi-useless said:

expect

In a way it's nothing to do with what they "expect", it's whats legal.  I get what you're saying, but in this situation, both parties can be catered for. I.e that can plaster the box with all sorts of gooey crap, as long as they do not disable the buyers ability to know what they are buying is real. 

For example, on cigarette packets bar-codes are always visible (regardless of the big health warnings).   If counterfeiting on Cuban Cigars are deemed to have such an issue, as they require 5-7 security features, surely they have to be accessed?

Again, both parties can be satisfied, but currently I think they doing something that is against the law

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5 minutes ago, Derboesekoenig said:

I'll have to look this up again, but different countries have different requirements. I believe the stickers must cover a certain % of the actual box for the retailer to sell it.

Yep I've heard this, it's sad (or lazy) that they cannot fill their 'coverage quota' by using side stickers, in addition to smaller top stickers, but critically ones which do not render the water mark/micro printing to be useless. 

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 Just shooting from the hip here, but is there any “consumer rights legislation” that requires the Cuban  security features to be on the box and visible, other than those packaging regs promulgated by Cuba itself?  I would think the regulations covering the boxing of cigars in Cuba are trumped by the health regulations in another country  where those boxes are sold. 

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3 hours ago, 99call said:

customers rights 

buyers rights?

 

Hahaha. When did tobacco consumers get their rights back? Plain packaging has a much larger affect on the authentication features than health stickers. Plain packaging is a far greater infringement of the producer and retailers tights than the consumers. Cuba has health sticker requirements for their boxes, but the stickers are not huge and they don't have nasty photos on them. 

Gas stations aren't required to be covered in photos of dead birds covered in oil. Alcohol bottles aren't required to display photos of guys beating up their wives. Why is tobacco different? I don't know, but it is. 

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The European countries are far more egregious with this than Mexico for example. They've got some pretty gory images on there too. Are they hoping we'll see the stickers and put the box down? Waste of time, money, and horses. That glue is so strong it's nearly impossible to remove the stickers. The price of regionals is far more prohibitive than any stickers they might use. 

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There are no trademark or consumer rights breached.  The WTO ruling took care of the tobacco companies appeal. 

invest in a hairdryer, your preferred glue remover and a little patience.  You will be sweet.  I have yet to see any sticker not be able to be removed successfully using those three steps :ok:

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5 minutes ago, El Presidente said:

invest in a hairdryer, your preferred glue remover and a little patience.  You will be sweet.  I have yet to see any sticker not be able to be removed successfully using those three steps :ok:

Yeah, I am becoming a dab hand, but they only thing that seems impossible is not damaging the foils and micro print on the warranty seals.  I guess my original point was, it is actually possible to cover 90% of box boxes with this mess, without having to stick on the habanos sticker, or warranty seal.   Effectively both parties could be happy with a little bit of re-designing of the health stickers, and where they go..................but yes, I know they care not a jot

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21 hours ago, 99call said:

Yeah, I am becoming a dab hand, but they only thing that seems impossible is not damaging the foils and micro print on the warranty seals.  I guess my original point was, it is actually possible to cover 90% of box boxes with this mess, without having to stick on the habanos sticker, or warranty seal.   Effectively both parties could be happy with a little bit of re-designing of the health stickers, and where they go..................but yes, I know they care not a jot

The distributors have the stickers applied. 

With a little bit of effort, pull together a few key consumers from that region,  have them pull together a few more and then have a group spokesman approach the distributor with the request to move the stickers on future boxes.  Treat is as a project. Gather your resources, formulate a plan, issue tasks and enact.  You may be surprised. 

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1 minute ago, El Presidente said:

The distributors have the stickers applied. 

With a little bit of effort, pull together a few key consumers from that region,  have them pull together a few more and then have a group spokesman approach the distributor with the request to move the stickers on future boxes.  Treat is as a project. Gather your resources, formulate a plan, issue tasks and enact.  You may be surprised. 

You/re right, nobody likes a winger, and when, if I really cared, I would at least write a letter.   Just a passing comment really to say, it seems a shame, that it's possible for them to do their job, without perminently effected the object.  In short everyone could be happy

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  My memory might be misfiring but I seem to remember it being part of the appeals/court papers that the tobacco companies served during the consultation phase/legal challenges. Something about damaging a product image or copyright etc but it was quashed in order to stop 13 year olds getting addicted to double coronas behind the bike sheds

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33 minutes ago, CaptainQuintero said:

  My memory might be misfiring but I seem to remember it being part of the appeals/court papers that the tobacco companies served during the consultation phase/legal challenges. Something about damaging a product image or copyright etc but it was quashed in order to stop 13 year olds getting addicted to double coronas behind the bike sheds

If I may ask, where did this happen?  

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