LANGUAGE
Last updated: July 26th 2021

Penalties

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

Advertising and Promotion

Tobacco manufacturer or seller; any person that produces or publishes, disseminates, engages, or participates in tobacco advertising, promotion or sponsorship
Fine, Jail
Enforcement Agency

Police or any other law enforcement agency of government

Analysis

The National Tobacco Control Act provides the following penalties for the following entities that violate advertising, promotion or sponsorship provisions: a) a tobacco manufacturer or seller is subject to a fine of not less than N5,000,000 and a term of imprisonment of not more than two years for the owner or CEO of the company; b) a person that produces or publishes advertising, promotion or sponsorship is subject to a fine of not less than N3,000,000 and a term of imprisonment of not more than 1 year; c) a person that disseminates advertising, promotion or sponsorship is subject to a fine of not less than N1,000,000 and a term of imprisonment of 1 year; and d) a person that engages or participates in advertising, promotion or sponsorship as a media or event organizer, celebrity or other participant, recipient of a scholarship, or an intermediary that facilitates any a contribution is subject to a fine of not less than N3,000,000 and a term of imprisonment of not more than one year. The National Tobacco Control Regulations also provide penalties for violations of enforcement for a business in the tobacco industry to a fine of at least N50,000,000 and imprisonment of not more than 1 year or both. 

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for fines and penalties for all persons and entities involved in advertising, promotion or sponsorship.

Sponsorship

Tobacco manufacturer or seller; any person that produces or publishes, disseminates, engages or participates in tobacco advertising, promotion or sponsorship
Fine, Jail
Enforcement Agency

Police or any other law enforcement agency of government

Analysis

The National Tobacco Control Act provides the following penalties for the following entities that violate advertising, promotion or sponsorship provisions: a) a tobacco manufacturer or seller is subject to a fine of not less than N5,000,000 and a term of imprisonment of not more than two years for the owner or CEO of the company; b) a person that produces or publishes advertising, promotion or sponsorship is subject to a fine of not less than N3,000,000 and a term of imprisonment of not more than 1 year; c) a person that disseminates advertising, promotion or sponsorship is subject to a fine of not less than N1,000,000 and a term of imprisonment of 1 year; and d) a person that engages or participates in advertising, promotion or sponsorship as a media or event organizer, celebrity or other participant, recipient of a scholarship, or an intermediary that facilitates any a contribution is subject to a fine of not less than N3,000,000 and a term of imprisonment of not more than one year. The National Tobacco Control Regulations also provide penalties for violations of enforcement for a business in the tobacco industry to a fine of at least N50,000,000 and imprisonment of not more than 1 year or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for fines and penalties for all persons and entities involved in advertising, promotion or sponsorship.