Last updated: February 19, 2022

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Ministry of Health, Labor and Social Protection; National Public Health Agency
Fine, Business License suspension or revocation, Other

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

Gavel
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Entities that can be held responsible

Entities that manufacture, import, place on the market, or market

Analysis

A violation for importing or selling tobacco products with added nicotine in amounts greater than those provided for in the legislation is punishable by: (a) a fine of 130 to 150 conventional units when applied to a physical person; or (b) a fine of 450 to 500 conventional units when applied to a legal entity, with deprivation of the right to exercise a certain activity for a period of six months to one year.

A violation for importing or selling tobacco products that contain banned ingredients is punishable by a fine from 450 to 500 conventional units when applied to a legal entity.

A violation for importing or selling tobacco products with emission levels above those provided for in the legislation in force shall be sanctioned with: (a) a fine from 120 to 150 conventional units when applied to a physical person; or (b) a fine from 450 to 500 conventional units when applied to a legal entity, with deprivation of the right to exercise a certain activity for a period of six months to one year.

Additionally, tobacco products manufactured, imported or marketed in violation of the provisions of the law shall be seized and destroyed.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Disclosure requirement

National Public Health Agency
Fine, Business License suspension or revocation, Other

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

Entities that can be held responsible

Any person or entity

Analysis

A violation for failure to submit to the National Public Health Agency the information provided for by the law on tobacco control in a timely manner and/or submitting false and incomplete information is punishable by: (a) a fine from 400 to 450 conventional units when applied to a person in charge; or (b) a fine from 450 to 500 conventional units when applied to a legal entity, with deprivation of the right to exercise a certain activity for a period of six months to one year.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.