LANGUAGE
Last updated: September 17th 2019

Penalties

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

Advertising and Promotion

All natural or juridical persons directly or indirectly responsible for dissemination or transmission of the communication
Fine, Corrective action required, Warning, Other
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Enforcement Agency

National Sanitary Surveillance Agency (ANVISA)

Analysis

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

All natural or juridical persons directly or indirectly responsible for dissemination or transmission of the communication
Fine, Corrective action required, Warning, Other
Expand to view related litigation.
Enforcement Agency

National Sanitary Surveillance Agency (ANVISA)

Analysis

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.