Last updated: April 19, 2024
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
The law imposes liability on anyone who intentionally or negligently puts on the market tobacco products that violate packaging and labeling provisions. Violations are an administrative offense and subject to a fine of up to 30,000 Euros. In addition, products in violation can be confiscated.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align, the law should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.
Importer
Federal Ministry of Food and Agriculture
(e.g., seizure of the product, publication of the violation/violator)
The law imposes liability on anyone who intentionally or negligently puts on the market tobacco products that violate packaging and labeling provisions. Violations are an administrative offense and subject to a fine of up to 30,000 Euros. In addition, products in violation can be confiscated.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align, the law should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.
Wholesaler
Federal Ministry of Food and Agriculture
(e.g., seizure of the product, publication of the violation/violator)
The law imposes liability on anyone who intentionally or negligently puts on the market tobacco products that violate packaging and labeling provisions. Violations are an administrative offense and subject to a fine of up to 30,000 Euros. In addition, products in violation can be confiscated.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align, the law should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.
Retailer
Federal Ministry of Food and Agriculture
(e.g., seizure of the product, publication of the violation/violator)
The law imposes liability on anyone who intentionally or negligently puts on the market tobacco products that violate packaging and labeling provisions. Violations are an administrative offense and subject to a fine of up to 30,000 Euros. In addition, products in violation can be confiscated.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align, the law should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.
