Last updated: March 18, 2024

Penalties

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

Advertising and Promotion

Media entities
An individual or legal entity that is not media
Fine, Other

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

Enforcement Agency

National Health Authority

Analysis

Media entities that violate advertising and promotion provisions are subject to a fine of “from ten (10) to one hundred (100) unified basic remunerations of the general private worker.” A first repeat offense is subject to a fine of from twenty (20) to two hundred (200) unified basic remunerations of the general private worker. A second repeat offense is subject to a similar fine and temporary closure of from one (1) to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. (The “unified basic remuneration” for 2012 is $292.)

Other individuals or legal entities, such as manufacturers, wholesalers or retailers, that violate advertising and promotion provisions are subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker. A first repeat offense is subject to a fine of from two hundred (200) to four hundred (400) unified basic remunerations of the general private worker and temporary closure of from one (1) to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the law provides for a range of penalties and increased fines for repeat offenses.

Sponsorship

Media entities
An individual or legal entity that is not media
Fine, Other

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

Enforcement Agency

National Health Authority

Analysis

Media entities that violate advertising and promotion provisions are subject to a fine of “from ten (10) to one hundred (100) unified basic remunerations of the general private worker.” A first repeat offense is subject to a fine of from twenty (20) to two hundred (200) unified basic remunerations of the general private worker. A second repeat offense is subject to a similar fine and temporary closure of from one (1) to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. (The “unified basic remuneration” for 2012 is $292.)

Other individuals or legal entities, such as manufacturers, wholesalers or retailers, that violate advertising and promotion provisions are subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker. A first repeat offense is subject to a fine of from two hundred (200) to four hundred (400) unified basic remunerations of the general private worker and temporary closure of from one (1) to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the law provides for a range of penalties and increased fines for repeat offenses.