Penalties
Advertising and Promotion
Any person who violates advertising and promotion provisions
(e.g., seizure of the product, publication of the violation/violator)
Police Officers, Health Inspectors, Food Inspectors, Other Authorized Officers
Any person who violates advertising and promotion provisions is subject to a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000. If the fixed penalty is not paid within 14 days, upon conviction by a court, violators are liable to: (a) in the case of an individual, forfeiture of any remaining tobacco products, a fine not exceeding $2,000 or a term of imprisonment not exceeding 12 months or both; or
(b) in the case of a body corporate, forfeiture of any remaining tobacco
products and a fine not exceeding $20,000. In addition, if the violator pleads guilty or is convicted, the court must impose court costs of $150.
In addition, an enforcement officer may seize any advertisement and materials used in advertising; and may remove, obscure or destroy an advertisement. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties and holds all applicable parties responsible for violations of tobacco advertising, promotion and sponsorship.
Sponsorship
Any person who violates sponsorship provisions
(e.g., seizure of the product, publication of the violation/violator)
Police Officers, Health Inspectors, Food Inspectors, Other Authorized Officers
Any person who violates sponsorship provisions is subject to, upon conviction by a court: (a) in the case of an individual, a fine not exceeding $5,000 or a term of
imprisonment not exceeding 18 months or both; or (b) in the case of a body corporate, a fine not exceeding $25,000.
In addition, an enforcement officer may direct a violator to take steps to prevent future violations and remedy the violation.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties and holds all applicable parties responsible for violations of tobacco advertising, promotion and sponsorship.
