Last updated: September 29, 2022

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Health Inspectorate
Fine, Other

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

Entities that can be held responsible

The responsible persons of legal entities, self-employed persons, and sole traders which place tobacco products on the market

Analysis

Violations of content regulations are subject to a fine of €4,000 to €33,000. In addition, a fine of €800 to €2,000 shall be imposed on the responsible person of a legal entity, the responsible person of a self-employed person, and the responsible person of a sole trader that violates sales restrictions. A fine of €1,600 to €8,000 shall be imposed on a sole trader or self-employed person who commits this offense. Tobacco products in violation of content regulations shall be seized.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Disclosure requirement

Health Inspectorate
Fine
Entities that can be held responsible

Manufacturer, Importer

Analysis

Violations of disclosure requirements are subject to a fine of €4,000 to €33,000. In addition, a fine of €800 to €2,000 shall be imposed on the responsible person of a legal entity, the responsible person of a self-employed person, and the responsible person of a sole trader that violates sales restrictions. A fine of €1,600 to €8,000 shall be imposed on a sole trader or self-employed person who commits this offense.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.