Last updated: December 22, 2021
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Interior Minister
(Police Officers and Police Agents)
Minister of Budget for all the rules regarding point of sale
NGO at the level of civil society
Infractions regarding the ban on tobacco advertising are punishable by a fine of 100,000 Euros. Repeat offenses are punishable by a fine of 200,000 Euros. In case of a repeat offense, a court may prohibit the sale of the products involved in the illegal operation for a period of less than or equal to five years.
The court is also to order, as appropriate, the suppression, removal, or confiscation of the prohibited advertising at the expense of the offenders. Either the public prosecutor or an examining magistrate or court hearing the case can order that the advertising be stopped. The measure is enforceable notwithstanding any avenues of appeal. The order may be reversed by the venue that instituted it or that is hearing the case. If there is a finding of no grounds for prosecution or the charges are dismissed, the order will cease to have effect. Decisions ruling on motions for reversal may be subject to review before the Court of Appeals or by the court hearing the case. The Court of Appeals or appellate Court shall rule within a period of ten days counting from the filing of the motion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties based on the seriousness of the violation and provides for confiscation and corrective action. To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law could provide for license suspension or revocation for violators.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Interior Minister
(Police Officers and Police Agents)
NGO at the level of civil society
Infractions regarding the ban on tobacco advertising are punishable by a fine of 100,000 Euros. Repeat offenses are punishable by a fine of 200,000 Euros. In case of a repeat offense, a court may prohibit the sale of the products involved in the illegal operation for a period of less than or equal to five years.
The court is also to order, as appropriate, the suppression, removal, or confiscation of the prohibited advertising at the expense of the offenders. Either the public prosecutor or an examining magistrate or court hearing the case can order that the advertising be stopped. The measure is enforceable notwithstanding any avenues of appeal. The order may be reversed by the venue that instituted it or that is hearing the case. If there is a finding of no grounds for prosecution or the charges are dismissed, the order will cease to have effect. Decisions ruling on motions for reversal may be subject to review before the Court of Appeals or by the court hearing the case. The Court of Appeals or appellate Court shall rule within a period of ten days counting from the filing of the motion.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties based on the seriousness of the violation and provides for confiscation and corrective action. To more fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law could provide for license suspension or revocation for violators.
