Last updated: December 22, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Police officers (OPJ) and agents (APJ)
Fine, Other

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

Gavel
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Analysis

Anyone who sells, distributes, or offers for free tobacco products without the required health warnings is subject to a fine of 100,000 Euros. In addition, the products may be confiscated. In case of repeat offenses, violators are subject to a fine of 200,000 Euros and a prohibition of the sale of the product involved for up to five years.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and fines and includes increased penalties for repeat offenses. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider expanding the range of penalties to be commensurate with the severity of the violation.

Importer

Police officers (OPJ) and agents (APJ)
Fine, Other

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

Gavel
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Analysis

Anyone who sells, distributes, or offers for free tobacco products without the required health warnings is subject to a fine of 100,000 Euros. In addition, the products may be confiscated. In case of repeat offenses, violators are subject to a fine of 200,000 Euros and a prohibition of the sale of the product involved for up to five years.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and fines and includes increased penalties for repeat offenses. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider expanding the range of penalties to be commensurate with the severity of the violation.

Wholesaler

Police officers (OPJ) and agents (APJ)
Fine, Other

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

Gavel
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Analysis

Anyone who sells, distributes, or offers for free tobacco products without the required health warnings is subject to a fine of 100,000 Euros. In addition, the products may be confiscated. In case of repeat offenses, violators are subject to a fine of 200,000 Euros and a prohibition of the sale of the product involved for up to five years.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and fines and includes increased penalties for repeat offenses. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider expanding the range of penalties to be commensurate with the severity of the violation.

Retailer

Police officers (OPJ) and agents (APJ)
Fine, Other

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

Gavel
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Analysis

Anyone who sells, distributes, or offers for free tobacco products without the required health warnings is subject to a fine of 100,000 Euros. In addition, the products may be confiscated. In case of repeat offenses, violators are subject to a fine of 200,000 Euros and a prohibition of the sale of the product involved for up to five years.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and fines and includes increased penalties for repeat offenses. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider expanding the range of penalties to be commensurate with the severity of the violation.