Last updated: February 27, 2023
Penalties
Advertising and Promotion
Local health authority boards
Violations of Art. 7 of the Tobacco Control Act (advertising and promotion provision) are subject to a fine, or in the case of gross or repeated violations, imprisonment for up to two years. The amount of the fine is unspecified in the Tobacco Control Act. However, Art. 17 states that in the case of violations “the board may apply the same measures as are stated in art. 27 of the Health and Pollution Control Act no. 7/1998”.
In accordance with FCTC Art. 13 Guidelines para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it applies harsher sanctions for repeat or gross violations. However, to more fully align, the drafters of the law should consider imposing additional sanctions, such as corrective advertising remedies and license suspension or cancellation.
Sponsorship
Local health authority boards
Violations of Art. 7 of the Tobacco Control Act (sponsorship provision) are subject to a fine, or in the case of gross or repeated violations, imprisonment for up to two years. The amount of the fine is unspecified in the Tobacco Control Act. However, Art. 17 states that in the case of violations “the board may apply the same measures as are stated in art. 27 of the Health and Pollution Control Act no. 7/1998”.
In accordance with FCTC Art. 13 Guidelines para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation). In order that the penalties imposed be effective deterrents they should be graded and commensurate with the nature and seriousness of the offence(s), including a first offence, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it applies harsher sanctions for repeat or gross violations. However, to more fully align, the drafters of the law should consider imposing additional sanctions, such as corrective advertising remedies and license suspension or cancellation.