Last updated: January 19, 2024

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Director General of Health

Fine
Gavel
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Analysis

Manufacturers, importers, and wholesalers that violate packaging and labeling requirements are subject to a fine of up to $600,000, or a fine of up to $200,000 if it involves a smokeless tobacco product.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes fines commensurate with the violation. However, to align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation.

Importer

Director General of Health

Fine
Gavel
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Analysis

Manufacturers, importers, and wholesalers that violate packaging and labeling requirements are subject to a fine of up to $600,000, or a fine of up to $200,000 if it involves a smokeless tobacco product.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes fines commensurate with the violation. However, to align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation.

Wholesaler

Director General of Health

Fine
Gavel
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Analysis

Manufacturers, importers, and wholesalers that violate packaging and labeling requirements are subject to a fine of up to $600,000, or a fine of up to $200,000 if it involves a smokeless tobacco product.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes fines commensurate with the violation. However, to align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation.

Retailer

Director General of Health

Fine
Gavel
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Analysis

Large retailers that violate packaging and labeling requirements are subject to a fine of up to $200,000, or a fine of up to $70,000 if it involves a smokeless tobacco product. (A large retailer is defined as having total turnover exceeding $50 million in the prior accounting period.) Other retailers are subject to a fine of up to $50,000, or a fine of up to $15,000 if it involves a smokeless tobacco product.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes fines commensurate with the violation. However, to align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation.