Fiji

Authorized officers appointed under Sec. 51(1) of the Tobacco Control Regulations 2012

Schedule 7 of the Tobacco Control Decree 2010 lists fixed penalties for specific offenses and their accompanying sections in the law, including distributing free samples of tobacco products ($500), selling any candy or food that resembles a tobacco product or contains a brand name or trademark ($1,000), and selling any toy, “amusement or other product” that resembles a tobacco product or contains a brand name or trademark ($1,000).

However, there do not appear to be penalties associated with violations of Sec. 3, under which the majority of advertising and promotion violations would occur.

Other penalties not listed in Schedule 7 include: competitions whether or not associated with a tobacco product purchase ($5,000); and brand stretching and reverse brand stretching (for an individual: $5,000 and/or one year imprisonment; for a body corporate: $20,000).

In addition, Secs. 35 and 36 outline penalties for individuals and a body corporate generally. These sections indicate that failing to comply with any provisions of the decree for which no other penalty is specified, and upon conviction, individuals will be subject to a fine not exceeding $5,000 for a first conviction and $10,000 for subsequent convictions. In the case of a “body corporate,” each director or other person concerned in the management of the body corporate is also guilty of, and liable to, this penalty.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to a range of penalties and increased penalties for repeat offenses. To align more fully, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses.

Authorized officers appointed under Sec. 51(1) of the Tobacco Control Regulations 2012

The penalty for violation of the restrictions on sponsorship is a fine not exceeding $5,000. In the case of a “body corporate,” each director or other person concerned in the management of the body corporate is also guilty of, and liable to, this penalty.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to a range of penalties. To align more fully align, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses, and increased penalties for repeat offenses.