LANGUAGE
Last updated: September 14th 2021

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Ministry of Health
Fine, Business License Suspension or Revocation, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
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Analysis

Available relevant penalties and corrective actions include the seizure of products. Fine amounts range from 10 balboas to 100,000 balboas. The law also provides for temporary and permanent cessation of operations and activities. The level of sanctions imposed depends on the “risk to health, the offender’s economic capacity, the social repercussions of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

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

Ministry of Health
Fine, Business License Suspension or Revocation, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
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Analysis

Available relevant penalties and corrective actions include the seizure of products. Fine amounts range from 10 balboas to 100,000 balboas. The law also provides for temporary and permanent cessation of operations and activities. The level of sanctions imposed depends on the “risk to health, the offender’s economic capacity, the social repercussions of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

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

Ministry of Health
Fine, Business License Suspension or Revocation, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Available relevant penalties and corrective actions include the seizure of products. Fine amounts range from 10 balboas to 100,000 balboas. The law also provides for temporary and permanent cessation of operations and activities. The level of sanctions imposed depends on the “risk to health, the offender’s economic capacity, the social repercussions of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

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

Ministry of Health
Fine, Business License Suspension or Revocation, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Available relevant penalties and corrective actions include the seizure of products. Fine amounts range from 10 balboas to 100,000 balboas. The law also provides for temporary and permanent cessation of operations and activities. The level of sanctions imposed depends on the “risk to health, the offender’s economic capacity, the social repercussions of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

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.