Last updated: September 17, 2019
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
National Sanitary Surveillance Agency (ANVISA)
Fines range from R$5,000 to R$100,000,000, can be applied cumulatively for repeated offenses, and are applied on the basis of the financial capacity of the offender.
Other penalties include: (1) seizure of the product; (2) suspension of the advertising in the medium of dissemination and of any other advertising of the product for a up to 30 days; and (3) suspension of the programming by the radio or TV broadcaster for 10 minutes for each minute or fraction thereof of the duration of advertisements broadcast in violation of the law, observing the same schedule.
The penalty provisions align with Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, for graded penalties, for cumulative application for repeat offenses, and for corrective action.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
National Sanitary Surveillance Agency (ANVISA)
Fines range from R$5,000 to R$100,000,000, can be applied cumulatively for repeated offenses, and are applied on the basis of the financial capacity of the offender.
Other penalties include: (1) seizure of the product; (2) suspension of the advertising in the medium of dissemination and of any other advertising of the product for a up to 30 days; and (3) suspension of the programming by the radio or TV broadcaster for 10 minutes for each minute or fraction thereof of the duration of advertisements broadcast in violation of the law, observing the same schedule.
The penalty provisions align with Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, for graded penalties, for cumulative application for repeat offenses, and for corrective action.
