Last updated: September 17, 2019

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

National Sanitary Surveillance Agency (ANVISA)
Fine, Warning, Other

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

Gavel
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Analysis

Offenses under Law No. 9.294 are punishable by the following: warning, seizure of the product, and fines. The amounts of fines depend on the seriousness of the violation(s) and taking into consideration the economic capacity of the offender.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeated offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Importer

National Sanitary Surveillance Agency (ANVISA)
Fine, Warning, Other

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

Gavel
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Analysis

Offenses under Law No. 9.294 are punishable by the following: warning, seizure of the product, and fines. The amounts of fines depend on the seriousness of the violation(s) and taking into consideration the economic capacity of the offender.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeated offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Wholesaler

National Sanitary Surveillance Agency (ANVISA)
Fine, Warning, Other

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

Gavel
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Analysis

Offenses under Law No. 9.294 are punishable by the following: warning, seizure of the product, and fines. The amounts of fines depend on the seriousness of the violation(s) and taking into consideration the economic capacity of the offender.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeated offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Retailer

National Sanitary Surveillance Agency (ANVISA)
Fine, Warning, Other

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

Gavel
Expand to view related litigation
Analysis

Offenses under Law No. 9.294 are punishable by the following: warning, seizure of the product, and fines. The amounts of fines depend on the seriousness of the violation(s) and taking into consideration the economic capacity of the offender.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeated offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.