Last updated: December 22, 2021

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Minister of Social Affairs and Health
Fine, Business License suspension or revocation
Gavel
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Entities that can be held responsible

Entities that sell, distribute, or offer for free

Analysis

Violations of content regulations are punishable by a fine of 100,000 euros. Repeat offenses are punishable by a fine of 200,000 euros. In cases of repeat offenses, the court may impose a prohibition of the sale of the products that were involved in the illegal operation for a period less than or equal to five years.

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

Minister of Social Affairs and Health
Fine, Business License suspension or revocation
Gavel
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Entities that can be held responsible

Manufacturers, Importers

Analysis

Violations of disclosure requirements are punishable by a fine of 45,000 euros. In cases of repeat offenses, the court may impose a prohibition of sale of the products that were involved in the illegal operation, for a period less than or equal to five years.

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