Last updated: July 28, 2023

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

ERIS (Entidade Reguladora Independente da Saúde)

Fine, Business License suspension or revocation, Other

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

Entities that can be held responsible

Manufacturers and importers, and other natural and legal persons

Analysis

A manufacture or importer who violates content regulations is subject to a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). Other entities that violate content regulations are subject to a fine between 500,000 and 1,000,000 escudos. Individuals that violate content regulations are subject to a fine between $100,000.00 (one hundred thousand escudos), and $500,000.00 (five hundred thousand escudos). Fines for repeat offenses may be increased by a third or a half. In addition, a business license may be suspended or revoked and products may 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

ERIS (Entidade Reguladora Independente da Saúde)

Fine, Business License suspension or revocation, Other

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

Entities that can be held responsible

Manufacturers and importers

Analysis

A manufacture or importer who violates disclosure requirements is subject to a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). Fines for repeat offenses may be increased by a third or a half. In addition, a business license may be suspended or revoked and products may be seized.

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