Last updated: June 1, 2020

Penalties

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

Advertising and Promotion

Manufacturers, Importers, Distributors, Advertisers
Corrective action required, Fine, License suspension or revocation, Warning, Other

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

Enforcement Agency

Ministry of Public Health and Social Welfare; General Directorate of the Comprehensive Health Care System; environmental health inspectors; rural health technicians

Analysis

Violations of advertising restrictions are punishable by a warning. If the violator does not correct the infringement after a warning, any one of more of the following penalties may be imposed: fines ranging from two to 150 monthly wages for non-agricultural activities; temporary or permanent closure of an establishment; suspension of activities; confiscation of advertising related to the violation; or publication in two major newspapers at the expense of violator regarding the violation and penalty. For repeat offenses, the fine may be doubled from that of the first violation.

Failure to include the proper health warnings on permitted advertisements is considered a "special offense" under Art. 224(4). Violations are punishable by a fine ranging from two to 150 monthly wages for non-agricultural activities. For repeat offenses, the fine may be doubled from that of the first violation.

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

Sponsorship

N/A
None
Analysis

Sponsorship is not prohibited by law. Therefore, there are no penalties. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco sponsorship should be prohibited and appropriate penalties imposed for violations.