Last updated: July 29, 2022
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Health
Ministry of Economy, Industry and Commerce
Municipalities
Ministry of Labor and Social Security
Ministry of Public Safety
Anyone who fails to comply with any of the provisions relating to tobacco advertising, promotion or sponsorship in the Tobacco Control Law is subject to a fine of 10 times the minimum wage. Minimum wage “refers to the concept used in Article 2 of Law No. 7337, May 5, 1993”, and is published yearly in the Gazette.
In addition, municipalities and the Ministry of Health may shut down premises that fail to comply with any provisions of the tobacco control law. Further, when entities that have been fined wish to renew permits or licenses, they must present a certificate issued by the Ministry of Health that they are fully up to date with respect to payment of the fines. Also, the Tobacco Control Regulations specify that tobacco advertising may be seized.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the law contains a range of penalties and fines commensurate with the severity of the offense. However, to more fully align, the drafters of the law might consider higher penalties for repeat offenders and requiring corrective or counter-advertising for violations.
Sponsorship
Ministry of Health
Ministry of Economy, Industry and Commerce
Municipalities
Ministry of Labor and Social Security
Ministry of Public Safety
Anyone who fails to comply with any of the provisions relating to tobacco advertising, promotion or sponsorship in the Tobacco Control Law is subject to a fine of 10 times the minimum wage. Minimum wage “refers to the concept used in Article 2 of Law No. 7337, May 5, 1993”, and is published yearly in the Gazette.
In addition, municipalities and the Ministry of Health may shut down premises that fail to comply with any provisions of the tobacco control law. Further, when entities that have been fined wish to renew permits or licenses, they must present a certificate issued by the Ministry of Health that they are fully up to date with respect to payment of the fines.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the law contains a range of penalties and fines commensurate with the severity of the offense. However, to more fully align, the drafters of the law might consider higher penalties for repeat offenders and requiring corrective or counter-advertising for violations.
