Last updated: May 15, 2020
Penalties
Advertising and Promotion
Ministry of Social Welfare; Police Authorities
Retailers and wholesalers that violate advertising and promotion provisions are subject to a fine of from two (2) to three (3) prevailing monthly legal minimum salaries. For repeat offenses, the fine is from four (4) to (5) prevailing monthly legal minimum salaries.
Other violators of advertising and promotion provisions are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenders, the fine is from three hundred fifty (350) to four hundred (400) prevailing monthly legal minimum salaries.
In accordance with FCTC Art. 13 Guidelines para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation).” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the penalties are proportionate and dissuasive, and higher for manufacturers and importers than for retailers and wholesalers. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other sanctions, such as corrective advertising remedies and license suspension and revocation.
Sponsorship
Ministry of Social Welfare; Police Authorities
Retailers and wholesalers that violate sponsorship provisions are subject to a fine of from two (2) to three (3) prevailing monthly legal minimum salaries. For repeat offenses, the fine is from four (4) to (5) prevailing monthly legal minimum salaries.
Other violators of sponsorship provisions are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenders, the fine is from three hundred fifty (350) to four hundred (400) prevailing monthly legal minimum salaries.
In accordance with FCTC Art. 13 Guidelines para. 60, sanctions “should provide for effective, proportionate and dissuasive penalties (including fines, corrective advertising remedies and license suspension or cancellation).” The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that the penalties are proportionate and dissuasive, and higher for manufacturers and importers than for retailers and wholesalers. However, to more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other sanctions, such as corrective advertising remedies and license suspension and revocation.
