Last updated: December 15, 2020
Penalties
Advertising and Promotion
Health Service Executive
The Public Health (Tobacco) Act (PHA) 2002, Sec. 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however the OTC was dissolved and replaced by the Health Service Executive by PHA 2010.
Any person guilty of an offense under Sec. 33 of PHA 2002 (contravention of advertising prohibitions set forth in Directive 2003/33/EC), Sec. 33A (point of sale advertising), or Sec. 43 (point of sale display), is subject to: 1) on summary conviction, a fine of up to 3000 Euros or up to three months in prison, or both; or 2) on conviction on indictment, a fine of up to 125,000 Euros or up to two years in prison, or both. In addition, enforcement officers may confiscate anything to which the offense relates, such as the advertising object.
Corporate bodies and officers of corporate bodies can be held responsible (PHA 2002, Sec. 5(5)).
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
Health Service Executive
The Public Health (Tobacco) Act (PHA) 2002, Sec. 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however the OTC was dissolved and replaced by the Health Service Executive by the PHA 2010.
Any person guilty of an offense under Sec. 36 of the PHA 2002 (sponsorship) is subjection to: 1) on summary conviction, a fine of up to 3000 Euros or up to three months in prison, or both; or 2) on conviction on indictment, a fine of up to 125,000 Euros or up to two years in prison, or both. In addition, enforcement officers may confiscate anything to which the offense relates, such as the advertising object.
Corporate bodies and officers of corporate bodies can be held responsible (PHA 2002, Sec. 5(5)).
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.
