Last updated: December 5, 2023

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Public Health Agency
Municipality

Fine, Jail
Analysis

A manufacturer or importer that violates health warning requirements is subject to a fine (in an unspecified amount) or up to six months in prison.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties, including fines and prison. To align more fully, the law should consider other penalties such as license suspension and/or revocation.

Importer

Public Health Agency
Municipality

Fine, Jail
Analysis

A manufacturer or importer that violates health warning requirements is subject to a fine (in an unspecified amount) or up to six months in prison.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties, including fines and prison. To align more fully, the law should consider other penalties such as license suspension and/or revocation.

Wholesaler

Not Applicable
None
Analysis

The law places responsibility on manufacturers and importers to ensure that tobacco products bear health warnings. Therefore, there are no penalties for wholesalers.

FCTC Art. 11 Guidelines para. 55 states that “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should make clear that wholesalers are responsible for compliance as well as manufacturers and importers.

Retailer

Not Applicable
None
Analysis

The law places responsibility on manufacturers and importers to ensure that tobacco products bear health warnings. Therefore, there are no penalties for retailers.

FCTC Art. 11 Guidelines para. 55 states that “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should make clear that retailers are responsible for compliance as well as manufacturers and importers.