LANGUAGE
Last updated: September 26th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Health Police
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Under the Tobacco Control Law, anyone who fails to comply with the health warning requirements in Art. 13 can be punished with imprisonment ranging from a sentence of fifteen days to one year, and/or a fine ranging from 500,000 to 5,000,000 francs. Additionally, non-compliant tobacco products may be seized and destroyed. For repeat offenders, punishment can increase or double. In cases where the offender derived a financial advantage from committing the offense, a court may impose additional fines. Further, a court may order a posting of a judgment or print a judgment in one or several newspapers at the expense of the convicted offender. In addition to any of the aforementioned punitive measures, the court may: - suspend any activity that could give rise to the continuation of the offense; - suspend the sale of the offender’s tobacco products for a minimum of one year; - require a security deposit to guarantee compliance with the sentence; - require indemnification to the state for expenses incurred in enforcing the law; and - require that the offender allocate a sum of money to research on tobacco products.

The penalty provisions contained in the law 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 repeated offenses.

Law Source, Section
Arts. 18, 19, 22, 23, 24, 25, 27

Importer

Health Police
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Under the Tobacco Control Law, anyone who fails to comply with the health warning requirements in Art. 13 can be punished with imprisonment ranging from a sentence of fifteen days to one year, and/or a fine ranging from 500,000 to 5,000,000 francs. Additionally, non-compliant tobacco products may be seized and destroyed. For repeat offenders, punishment can increase or double. In cases where the offender derived a financial advantage from committing the offense, a court may impose additional fines. Further, a court may order a posting of a judgment or print a judgment in one or several newspapers at the expense of the convicted offender. In addition to any of the aforementioned punitive measures, the court may: - suspend any activity that could give rise to the continuation of the offense; - suspend the sale of the offender’s tobacco products for a minimum of one year; - require a security deposit to guarantee compliance with the sentence; - require indemnification to the state for expenses incurred in enforcing the law; and - require that the offender allocate a sum of money to research on tobacco products.

The penalty provisions contained in the law 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 repeated offenses.

Law Source, Section
Arts. 18, 19, 22, 23, 24, 25, 27

Wholesaler

Health Police
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Under the Tobacco Control Law, anyone who fails to comply with the health warning requirements in Art. 13 can be punished with imprisonment ranging from a sentence of fifteen days to one year, and/or a fine ranging from 500,000 to 5,000,000 francs. Additionally, non-compliant tobacco products may be seized and destroyed. For repeat offenders, punishment can increase or double. In cases where the offender derived a financial advantage from committing the offense, a court may impose additional fines. Further, a court may order a posting of a judgment or print a judgment in one or several newspapers at the expense of the convicted offender. In addition to any of the aforementioned punitive measures, the court may: - suspend any activity that could give rise to the continuation of the offense; - suspend the sale of the offender’s tobacco products for a minimum of one year; - require a security deposit to guarantee compliance with the sentence; - require indemnification to the state for expenses incurred in enforcing the law; and - require that the offender allocate a sum of money to research on tobacco products.

The penalty provisions contained in the law 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 repeated offenses.

Law Source, Section
Arts. 18, 19, 22, 23, 24, 25, 27

Retailer

Health Police
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Under the Tobacco Control Law, anyone who fails to comply with the health warning requirements in Art. 13 can be punished with imprisonment ranging from a sentence of fifteen days to one year, and/or a fine ranging from 500,000 to 5,000,000 francs. Additionally, non-compliant tobacco products may be seized and destroyed. For repeat offenders, punishment can increase or double. In cases where the offender derived a financial advantage from committing the offense, a court may impose additional fines. Further, a court may order a posting of a judgment or print a judgment in one or several newspapers at the expense of the convicted offender. In addition to any of the aforementioned punitive measures, the court may: - suspend any activity that could give rise to the continuation of the offense; - suspend the sale of the offender’s tobacco products for a minimum of one year; - require a security deposit to guarantee compliance with the sentence; - require indemnification to the state for expenses incurred in enforcing the law; and - require that the offender allocate a sum of money to research on tobacco products.

The penalty provisions contained in the law 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 repeated offenses.

Law Source, Section
Arts. 18, 19, 22, 23, 24, 25, 27