Last updated: June 1, 2020
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
(1) Article 41: (a) National Telecommunications Commission (CONATEL) for mass media compliance; (b) municipal governments for compliance within their boundaries; (c) Office of the Secretary at the Ministry of Interior and Justice for imposing sanctions
(2) Article 46: General Consumer Protection Office (in the Office of the Secretary of State at the Ministry of Industry and Commerce)
(3) Article 52: appropriate fiscal authorities
(1) Article 41 provides sanctions for failure to withdraw prohibited advertising, setting the amount of the fine at 100 minimum monthly salaries and the seizure and destruction of the prohibited advertising. (The duty to withdraw unlawful advertising and promotion is articulated in Art. 25.)
(2) Article 46 provides sanctions for producing or marketing prohibited items – snack candies and toys that look like tobacco products. Manufacturers, importers, vendors, and distributors who violate this provision face a fine of 10 monthly minimum salaries; seizure and destruction of the prohibited products; and closure of the operation for 30 days.
(3) Article 52 provides sanctions for engaging in forbidden advertising. The appropriate fiscal authorities are to collect a fine of 100 minimum monthly salaries and destroy the forbidden advertisements.
The law provides a range of penalties, including corrective action, and higher penalties for repeated violations in accordance with the FCTC Art. 13 Guidelines. However, the law should also include graded penalties as called for in FCTC Art. 13 Guidelines para. 61.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Office of the Secretary at the Ministry of Interior and Justice
Article 41 provides sanctions for failure to withdraw prohibited sponsorships, setting the amount of the fine at 100 minimum monthly salaries and the seizure and destruction of the prohibited advertising. (The duty to withdraw unlawful sponsorship is articulated in Art. 25.)
The law provides a range of penalties, including corrective action, in accordance with the FCTC Art. 13 Guidelines. However, the law should provide for higher penalties for repeat violations and graded penalties as called for in FCTC Art. 13 Guidelines para. 61.
