Last updated: April 13, 2020

Penalties

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

Advertising and Promotion

A person or entity that violates advertising and promotion provisions
Fine, Jail
Enforcement Agency

Food and Drug Authority

Analysis

Any person or entity that violates the advertising and promotion provisions of Secs. 59 and 61 of the Public Health Act is subject to a fine of not more than 750 penalty units or a term of imprisonment of not more than 3 years, or both. In the case of a continuing offense, the person/entity is subject to an additional fine of 10 penalty units per day.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties and higher penalties for continuing offenses. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation and corrective action.

Sponsorship

A person or entity that violates sponsorship provisions
Fine, Jail
Enforcement Agency

Food and Drug Authority

Analysis

Any person or entity that violates the sponsorship provisions of Sec. 60 of the Public Health Act is subject to a fine of not more than 750 penalty units or a term of imprisonment of not more than 3 years, or both. In the case of a continuing offense, the person/entity is subject to an additional fine of 10 penalty units per day.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties and higher penalties for continuing offenses. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation and corrective action.