Argentina

Ministry of Health

Provinces and the Autonomous City of Buenos Aires

Article 27 of the law authorizes the Ministry of Health, provincial governments, and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments.

Decree 602 holds manufacturers, importers, and those in the advertising industry responsible for violations of advertising and promotion provisions.

Violations of advertising and promotion provisions are subject to a “fine in pesos equivalent to the sales value to the end user of ten thousand (10,000) to one hundred thousand (100,000) packages of twenty cigarettes of the highest price sold in the country.” Repeat offenses are subject to a fine of “a value equivalent to one million (1,000,000) packages of the aforementioned.” The general enforcement regimen contained in Resolution 425/2014 provides that sanction shall be graded based on “the importance of the infraction, its direct and indirect consequences for public health, the past record of the accused with regard to infractions, and the circumstances in which the act occurred.” The law also provides for closure of any establishment that violates provisions of the law and seizure and destruction of the materials in violation.

FCTC Art. 13 Guidelines paras. 60 and 61 provide that “Parties should introduce and apply effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation)” and that fines should be graded and commensurate with the seriousness of the offense.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, advertisers, and other parties for advertising and promotion violations.

Ministry of Health

Provinces and the Autonomous City of Buenos Aires shall act as local enforcement authorities

Article 27 of the law authorized the Ministry of Health, provincial governments and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments.

Decree 602 holds manufacturers, importers, and those in the advertising industry responsible for violations of sponsorship provisions.

Violations of sponsorship provisions are subject to a “fine in pesos equivalent to the sales value to the end user of ten thousand (10,000) to one hundred thousand (100,000) packages of twenty cigarettes of the highest price sold in the country.” Repeat offenses are subject to a fine of “a value equivalent to one million (1,000,000) packages of the aforementioned.” The general enforcement regimen contained in Resolution 425/2014 provides that sanction shall be graded based on “the importance of the infraction, its direct and indirect consequences for public health, the past record of the accused with regard to infractions, and the circumstances in which the act occurred.” The law also provides for closure of any establishment that violates provisions of the law and seizure and destruction of the materials in violation.

FCTC Art. 13 Guidelines paras. 60 and 61 provide that “Parties should introduce and apply effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation)” and that fines should be graded and commensurate with the seriousness of the offense.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, importers, wholesalers, and retailers for sponsorship violations.