LANGUAGE
Last updated: March 10th 2020

Penalties

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

Advertising and Promotion

Any person violating the act
Fine
Enforcement Agency

Uncertain

Analysis

Penalties for the violation of any provisions regarding advertising include an administrative fine of 100% of the value of the advertisement. The fine is doubled if the offense is repeated.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the fines increase for repeat offenses. The law could be strengthened by designating a government body responsible for enforcement and by considering other penalties such as license suspension or revocation.

Sponsorship

Enforcement Agency

Uncertain

Analysis

There are no separate penalties for violations of sponsorship provisions. Instead, the law provides penalties for “any person who contravenes the provisions of [the] Law relating to advertising.” Because sponsorship is not mentioned, these penalties are not interpreted as applying to violations of the restrictions on tobacco sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify the agency responsible for enforcing sponsorship provisions, specify what entities can be held responsible for violations of sponsorship provisions, and provide for appropriate penalties including, fines, license suspension and revocation, and corrective action.