Last updated: July 29, 2023

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)

Advertising and Promotion

Any person that violates advertising and promotion provisions

Fine, Jail
Enforcement Agency

Public Health Inspectors; Inspectors under the Standards Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute

Analysis

Any person that violates advertising and promotion provisions is subject to a fine of not less than 10,000,000.00 Leones and a prison term of not less than two years or five years, depending upon the violation, or both a fine and imprisonment.

The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations. However, to more fully align, penalties should increase with repeat violations, and license suspension and cancellation should also be considered as penalties.

Sponsorship

Any person that violates advertising and promotion provisions

Fine, Jail
Enforcement Agency

Public Health Inspectors; Inspectors under the Standards Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute

Analysis

Any person that violates advertising and promotion provisions is subject to a fine of not less than 10,000,000.00 Leones and a prison term of not less than two years, or both.

The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations. However, to more fully align, penalties should increase with repeat violations, and license suspension and cancellation should also be considered as penalties.