Last updated: August 17, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Industry and Trade and Ministry of Public Health and Social Welfare

Fine, License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Violation of the provisions regarding tobacco products' health warnings and information about components and emissions harmful to health is punishable by confiscation of the tobacco products and a fine equivalent to double the confiscated products' value.

Violation of the prohibition of inserting misleading information on tobacco products is punishable by confiscation and removal from circulation of the tobacco products and a fine equivalent to double the value of the confiscated products. In the event of a repeat violation, the store will be notified of a thirty-day suspension, and it can be closed down.

To align more fully with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance. In addition, the law should consider imposing higher penalties on manufacturers, importers, and wholesalers than on retailers, as those entities would be responsible for the more serious violations.

Importer

Ministry of Industry and Trade and Ministry of Public Health and Social Welfare

Fine, License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Violation of the provisions regarding tobacco products' health warnings and information about components and emissions harmful to health is punishable by confiscation of the tobacco products and a fine equivalent to double the confiscated products' value.

Violation of the prohibition of inserting misleading information on tobacco products is punishable by confiscation and removal from circulation of the tobacco products and a fine equivalent to double the value of the confiscated products. In the event of a repeat violation, the store will be notified of a thirty-day suspension, and it can be closed down.

To align more fully with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance. In addition, the law should consider imposing higher penalties on manufacturers, importers, and wholesalers than on retailers, as those entities would be responsible for the more serious violations.

Wholesaler

Ministry of Industry and Trade and Ministry of Public Health and Social Welfare

Fine, License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Violation of the provisions regarding tobacco products' health warnings and information about components and emissions harmful to health is punishable by confiscation of the tobacco products and a fine equivalent to double the confiscated products' value.

Violation of the prohibition of inserting misleading information on tobacco products is punishable by confiscation and removal from circulation of the tobacco products and a fine equivalent to double the value of the confiscated products. In the event of a repeat violation, the store will be notified of a thirty-day suspension, and it can be closed down.

To align more fully with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance. In addition, the law should consider imposing higher penalties on manufacturers, importers, and wholesalers than on retailers, as those entities would be responsible for the more serious violations.

Retailer

Ministry of Industry and Trade and Ministry of Public Health and Social Welfare

Fine, License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Violation of the provisions regarding tobacco products' health warnings and information about components and emissions harmful to health is punishable by confiscation of the tobacco products and a fine equivalent to double the confiscated products' value.

Violation of the prohibition of inserting misleading information on tobacco products is punishable by confiscation and removal from circulation of the tobacco products and a fine equivalent to double the value of the confiscated products. In the event of a repeat violation, the store will be notified of a thirty-day suspension, and it can be closed down.

To align more fully with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance. In addition, the law should consider imposing higher penalties on manufacturers, importers, and wholesalers than on retailers, as those entities would be responsible for the more serious violations.