Last updated: July 20, 2022
Advertising and Promotion
Violations of advertising and promotion provisions are subject to a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.
To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should provide for other penalties in addition to fines, including corrective action and license suspension or cancellation for those involved in advertising and promotion activities. In addition, the fines should increase for repeat violations.
(e.g., seizure of the product, publication of the violation/violator)
The regulatory status of tobacco sponsorship is uncertain and, therefore, the associated penalties with violations are unclear.
To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco sponsorship and provide for a range of penalties for violations.