LANGUAGE
Last updated: October 14th 2021

Penalties

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

Advertising and Promotion

Manufacturer, importer, retailer
Fine, License suspension or revocation, Jail, Warning
Enforcement Agency

Municipality

Valvira (National Supervisory Authority for Welfare and Health)

Analysis

A municipality may cancel a retail license for a fixed period of at least one week and not more six months, or permanently if the license holder continues or resumes the marketing despite the temporary cancellation of the license and if the act cannot be considered minor.

Additionally, Valvira (National Supervisory Authority for Welfare and Health) may prohibit the party commissioning or executing the marketing activity and employees from continuing and resuming the non-compliant activity; require the manufacturer or importer to withdraw the product from the market within a time limit set by Valvira and at the manufacturer’s or importer’s own expense; require the party receiving the prohibition or order to rectify the incorrect or misleading information; and/or issue a notice of a conditional fine or a notice of enforced compliance.

In addition to a fine, parties commissioning or implementing the marketing may be subject imprisonment for up to two years for aggravating offenses.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties.

Law Source, Section
Secs. 96, 97(1)(7), 99, 102(1), 103, 105(1), 110, 111

Sponsorship

Manufacturer, importer, retailer
Fine, License suspension or revocation, Jail, Warning
Enforcement Agency

Municipality

Valvira (National Supervisory Authority for Welfare and Health)

Analysis

A municipality may cancel a retail license for a fixed period of at least one week and not more six months, or permanently if the license holder continues or resumes the marketing despite the temporary cancellation of the license and if the act cannot be considered minor.

Additionally, Valvira (National Supervisory Authority for Welfare and Health) may prohibit the party commissioning or executing the marketing activity and employees from continuing and resuming the non-compliant activity; require the manufacturer or importer to withdraw the product from the market within a time limit set by Valvira and at the manufacturer’s or importer’s own expense; require the party receiving the prohibition or order to rectify the incorrect or misleading information; and/or issue a notice of a conditional fine or a notice of enforced compliance.

In addition to a fine, parties commissioning or implementing the marketing may be subject imprisonment for up to two years for aggravating offenses.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties.

Law Source, Section
Secs. 96, 97(1)(7), 99, 102(1), 103, 105(1), 110, 111