Last updated: July 20, 2021
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Department of Health
Promoting a product in a manner not authorized by the Tobacco and Vaping Products Act is subject to the following:
1) on summary conviction: a fine not exceeding $500,000 or imprisonment up to 1 year, or both;
2) on conviction on indictment: a fine not exceeding $1,000,000 or imprisonment up to 2 years, or both.
Persons who violate provisions prohibiting self-service display or restricting vending machines and retailers who violates Sec. 29, which prohibits certain promotional practices (offering consideration for purchase of a tobacco product, and free distribution of tobacco products or accessories) are subject to:
1) for a first offense, a fine not exceeding $3,000;
2) for a subsequent offense, a fine not exceeding $50,000.
Any person who violates the prohibition on misleading advertising is subject to a fine not exceeding $500,000 or imprisonment up to 2 years, or both.
Each day an offense is committed is considered a separate offense. In addition, if an offender has gained monetary benefit from the offense, an additional fine equal to the amount of the monetary benefit may be imposed.
Other penalties may include: prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Department of Health for the cost of any remedial or preventative action taken.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Department of Health
A person engaging in tobacco sponsorship would be in violation of the general prohibition on promotion in Sec. 24 of the Tobacco and Vaping Products Act. Promoting a product in a manner not authorized by the Act is subject to the following:
1) on summary conviction: a fine not exceeding $500,000 or imprisonment up to 1 year, or both;
2) on conviction on indictment: a fine not exceeding $1,000,000 or imprisonment up to 2 years, or both.
As with other offenses, each day an offense is committed is considered a separate offense. In addition, if an offender has gained monetary benefit from the offense, an additional fine equal to the amount of the monetary benefit may be imposed.
Other penalties may include: prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; directing the offender to publish the facts related to the commission of the offense; and directing the offender to compensate the Department of Health for the cost of any remedial or preventative action taken.
