Last updated: June 1, 2020

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

(1) Arts. 40, 43 – Ministry of Interior and Justice (through municipalities); (2) Art. 51 – General Consumer Protection Office (in the Office of the Secretary at the Ministry of Industry and Commerce); (3) Art. 59 – Office of the Secretary of State (at t
Fine, License suspension or revocation, Other

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

Analysis

Article 40 of the law establishes sanctions for manufacturers who violate Art. 19 by failing to print health warning messages on tobacco product packages. The sanctions are: (1) a fine in the amount of 100 minimum monthly salaries and (2) the seizure and destruction of the products that do not meet the health warning label requirements of Art. 19.

Article 43 provides sanctions for “elements of the tobacco industry that refuse to provide periodic information established in Article 19” or for providing false information to supervisors. However, it is unclear under the law and regulations exactly what information is required to be provided. The sanctions for violating these provisions include: (1) for a first offense, a fine of 20 minimum monthly salaries and seizure and destruction of the product; (2) for a second offense, a fine of 30 minimum monthly salaries and seizure and destruction of the product; and (3) for recurring offenses, a fine of 50 minimum monthly salaries, seizure of the product, definitive closure of the business, and definitive cancellation of the operating permit.

Article 51 provides sanctions for deceptive or omitted warnings (as set forth in Arts. 18, 19, 20, 22, and 29) in the amount of 100 minimum monthly salaries.

Article 59 provides sanctions for non-compliance with sales restrictions related to the size and printing of health warnings (as set forth in Art. 21). The fine is in the amount of: (1) 100 minimum monthly salaries, for a first offense; and (2) 200 minimum monthly salaries and closure of the business, for recurring offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Importer

(1) Arts. 40, 43 – Ministry of Interior and Justice (through municipalities); (2) Art. 51 – General Consumer Protection Office (in the Office of the Secretary at the Ministry of Industry and Commerce); (3) Art. 59 – Office of the Secretary of State (at
Fine, License suspension or revocation
Analysis

Article 40 of the law establishes sanctions for those who violate Art. 19 by failing to print health warning messages on tobacco product packages. The sanctions are: (1) a fine in the amount of 100 minimum monthly salaries and (2) the seizure and destruction of the products that do not meet the health warning label requirements of Art. 19.

Article 43 provides sanctions for “elements of the tobacco industry that refuse to provide periodic information established in Article 19” or for providing false information to supervisors. However, it is unclear under the law and regulations exactly what information is required to be provided. The sanctions for violating these provisions include: (1) for a first offense, a fine of 20 minimum monthly salaries and seizure and destruction of the product; (2) for a second offense, a fine of 30 minimum monthly salaries, seizure and destruction of the product, temporary closure for at least 30 days, and suspension of the operating license in the case of importers; and (3) for recurring offenses, a fine of 50 minimum monthly salaries, seizure of the product, definitive closure of the business, and definitive cancellation of the operating permit.

Article 51 provides sanctions for deceptive or omitted warnings in the amount of 100 minimum monthly salaries.

Article 59 provides sanctions for non-compliance with sales restrictions related to the size and printing of health warnings. The fine is in the amount of: (1) 100 minimum monthly salaries, for a first offense; and (2) 200 minimum monthly salaries and closure of the business, for recurring offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Wholesaler

(1) Arts. 40, 43 –Ministry of Interior and Justice (through municipalities); (2) Art. 51 – General Consumer Protection Office (in the Office of the Secretary at the Ministry of Industry and Commerce); (3) Art. 59 – Office of the Secretary of State (at th
Fine, License suspension or revocation
Analysis

Article 40 of the law establishes sanctions for distributors who violate Art. 19 by failing to print health warning messages on tobacco product packages. The sanctions are: (1) a fine in the amount of 100 minimum monthly salaries and (2) the seizure and destruction of the products that do not meet the health warning label requirements of Art. 19.

Article 43 provides sanctions for “elements of the tobacco industry that refuse to provide periodic information established in Article 19” or for providing false information to supervisors. However, it is unclear under the law and regulations exactly what information is required to be provided. The sanctions for violating these provisions include: (1) for a first offense, a fine of 20 minimum monthly salaries and seizure and destruction of the product; (2) for a second offense, a fine of 30 minimum monthly salaries and seizure and destruction of the product; and (3) for recurring offenses, a fine of 50 minimum monthly salaries, seizure of the product, definitive closure of the business, and definitive cancellation of the operating permit.

Article 51 provides sanctions for deceptive or omitted warnings in the amount of 100 minimum monthly salaries.

Article 59 provides sanctions for non-compliance with sales restrictions related to the size and printing of health warnings. The fine is in the amount of: (1) 100 minimum monthly salaries, for a first offense; and (2) 200 minimum monthly salaries and closure of the business, for recurring offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Retailer

(1) Art. 40 –Ministry of Interior and Justice (through municipalities); (2) Art. 59 – Office of the Secretary of State (at the Ministry of Industry and Commerce) and the Attorney General’s Office for Minors and the Disabled.
Fine, License suspension or revocation
Analysis

Article 40 of the law establishes sanctions for businesses that violate Art. 19 by failing to print health warning messages on tobacco product packages. The sanctions are: (1) a fine in the amount of 100 minimum monthly salaries and (2) the seizure and destruction of the products that do not meet the health warning label requirements of Art. 19.

Article 59 provides sanctions for non-compliance with sales restrictions related to the size and printing of health warnings. The fine is in the amount of: (1) 100 minimum monthly salaries, for a first offense; and (2) 200 minimum monthly salaries and closure of the business, for recurring offenses.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.