Last updated: July 28, 2023
Penalties
Content regulation
ERIS (Entidade Reguladora Independente da Saúde)
(e.g., seizure of the product, publication of the violation/violator)
Manufacturers and importers, and other natural and legal persons
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)
(e.g., seizure of the product, publication of the violation/violator)
Manufacturers and importers
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.