Last updated: December 7th 2020

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

“Whoever” “Where the offence has been committed by a company, every person who, at the time the offense was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed guilty of the offense . . . .”
Fine, Jail
Expand to view related litigation.
Enforcement Agency

Any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorized by the Central Government or by the State Government (We also understand that Municipal Corporations are involved in enforcement.)

Analysis

(1) Penalties include: (a) in case of a first conviction, imprisonment for a term up to two years or a fine up to 1,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to five years or a fine up to 5,000 rupees or both; (c) possible forfeiture of tobacco products; and (d) confiscation and disposal of advertising material. The CTNA also imposes a range of penalties including seizure of equipment, fines, and imprisonment, but it is unclear how COTPA and CTNA legislation which may permit indirect advertising are read together.

(2) The law does not provide for corrective action such as removal of the tobacco advertising, promotion, or sponsorship, or publication of court decisions. Funding of corrective or counter-advertising, all at the cost of the violator(s), should be authorized.

(3) The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived. Penalties should be applied primarily against managers, directors, officers, and/or legal representatives of corporate entities when they are responsible for corporate violators’ conduct. The law also should provide for corrective action.

Sponsorship

“Whoever” “Where the offence has been committed by a company, every person who, at the time the offense was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed guilty of the offense . . . .”
Fine, Jail
Expand to view related litigation.
Enforcement Agency

Any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorized by the Central Government or by the State Government (We also understand that Municipal Corporations are involved in enforcement.)

Analysis

(1) Penalties include: (a) in case of a first conviction, imprisonment for a term up to two years or a fine up to 1,000 rupees or both; (b) in case of a second or subsequent conviction, imprisonment up to five years or a fine up to 5,000 rupees or both; (c) possible forfeiture of tobacco products; and (d) confiscation and disposal of advertising material.

(2) The law does not provide for corrective action such as removal of the tobacco advertising, promotion, or sponsorship, or publication of court decisions. Funding of corrective or counter-advertising, all at the cost of the violator(s), should be authorized.

(3) The law should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived. Penalties should be applied primarily against managers, directors, officers, and/or legal representatives of corporate entities when they are responsible for corporate violators’ conduct. The law also should provide for corrective action.