Last updated: March 6th 2020

Penalties

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

Advertising and Promotion

Unspecified
Fine, Jail
Enforcement Agency

Director of Health Services (and any officials he/she may designate)

Analysis

Available sanctions for violation of the tobacco advertising and promotion provisions of the law are imprisonment not exceeding nine months or a fine of the category six of the General Fines Act (S.B. 2002 no. 73), or both. For some advertising offenses (those under Arts. 6, 7, and 13), the length of imprisonment may not exceed six months. No other sanctions or corrective actions are available.

In addition, a decision by the Attorney General establishes a fine of SRD 1,000 for violations of the provision banning sales of imitation tobacco products.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and enhance enforceability, the law could provide for a broader range of penalties (e.g., including licensure sanction) and corrective action. Additionally, the law should place specific responsibilities for compliance based on the person’s/entity’s role in bringing about the tobacco advertising and promotion. The severity of any sanction imposed should take into consideration the violator’s role and compliance responsibilities.

Law Source, Section
Decision of the Attorney General Establishing Fines for Violations of the Tobacco Act

Sponsorship

Unspecified
Fine, Jail
Enforcement Agency

Director of Health Services (and any officials he/she may designate)

Analysis

Available sanctions for violation of the tobacco sponsorship provisions of the law are imprisonment not exceeding nine months or a fine of the category six of the General Fines Act (S.B. 2002 no. 73), or both. Depending on whether charges are brought under Art. 5 or Art. 8, the length of imprisonment may not exceed nine months or six months respectively. No other sanctions or corrective action are available.

To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines and enhance enforceability, the law could provide for a broader range of penalties (e.g., including licensure sanction) and corrective action. Additionally, the law should place specific responsibilities for compliance based on the person’s/entity’s role in bringing about the tobacco sponsorship. The severity of any sanction imposed should take into consideration the violator’s role and compliance responsibilities.