LANGUAGE
Last updated: April 20th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Fine
Analysis

Article 14 specifically imposes penalties on manufacturers who violate graphic health warning requirements. Article 8 states that any person who sells, offers for sale, distributes, or otherwise supplies tobacco products not labeled in accordance with the regulations commits an offense.

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Importer

Fine
Analysis

Article 14 (as amended) specifically imposes penalties on importers who violate graphic health warning requirements. Article 8 states that any person who sells, offers for sale, distributes, or otherwise supplies tobacco products not labeled in accordance with the regulations commits an offense.

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully
align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Wholesaler

Fine
Analysis


Article 14 (as amended) specifically imposes penalties on distributors who violate graphic health warning requirements. Article 8 states that any person who sells, offers for sale, distributes, or otherwise supplies tobacco products not labeled in accordance with the regulations commits an offense.

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.

Retailer

Fine
Analysis

Article 14 specifically imposes penalties on retailers who violate graphic health warning requirements. Article 8 states that any person who sells, offers for sale, distributes, or otherwise supplies tobacco products not labeled in accordance with the regulations commits an offense.

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and higher penalties for repeat offenses. However, to more fully align, the drafters of the law might consider license suspension and/or revocation as a penalty for non-compliance with tobacco product packaging requirements.