Last updated: February 3, 2023
Penalties
Manufacturer
Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Importer
Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Wholesaler
Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Retailer
Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
