Last updated: September 11, 2023
Penalties
Advertising and Promotion
Ministry of Health
For violations of advertising and promotion provisions, Resolution No. 071/2019 provides that “the sanctions provided for in the legal framework in force shall be imposed.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.
It is unclear from the law which entities – i.e., manufacturers, advertisers, or media owners – may be held responsible.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses. However, the law should specify which entities may be held responsible for violations of advertising and promotion provisions.
Sponsorship
Ministry of Health
For violations of sponsorship provisions, Resolution No. 071/2019 provides that “the sanctions provided for in the legal framework in force shall be imposed.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.
It is unclear from the law which entities – i.e., manufacturers, advertisers, or media owners – may be held responsible.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses. However, the law should specify which entities may be held responsible for violations of sponsorship provisions.
