Last updated: August 20, 2024

Penalties

Sanctions

Sales Restrictions

Fine, Business License suspension or revocation, Warning, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Under Law No. 9294, violations of the ban on internet sales are subject to the following penalties: a warning, seizure of the product, and a fine ranging from 5,000 to 100,000 reals. For repeat offenses, penalties can be applied cumulatively.

Location-based Sales Restrictions

Fine, Warning, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Violations of location-based sales restrictions are subject to the following penalties: warning, seizure of the product, and a fine ranging from 5,000 to 100,000 reals. For repeat offenses, penalties can be applied cumulatively.

Minimum Retail Package Size

Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The penalties for violation of the minimum number of cigarettes per unit package may include: fine, loss of goods, and revocation of special benefits.

Minimum Legal Sales Age

Fine, Business License suspension or revocation, Jail, Warning
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Analysis

Law No. 9294 provides that the sanctions specified in Law No. 6437 of 1977 and Law No. 8069 of 1990 are applicable to violations of the minimum legal sales age. Under Law No. 8069, violations are subject to two to four years in prison and a fine. Under Law No. 6437, violations are subject to a warning, fine, partial or total banning of the establishment, cancellation of federal and/or state operating license, and a fine from 2,000 to 200,000 reals, depending on the seriousness of the violation.