Last updated: July 20, 2022

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)

Advertising and Promotion

Anyone that violates advertising and promotion provisions, including specifically the advertising agent and the publisher
Fine
Gavel
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Enforcement Agency

None identified

Analysis

Violations of advertising and promotion provisions are subject to a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.

To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should provide for other penalties in addition to fines, including corrective action and license suspension or cancellation for those involved in advertising and promotion activities. In addition, the fines should increase for repeat violations.

Sponsorship

Uncertain
Other

(e.g., seizure of the product, publication of the violation/violator)

Enforcement Agency

None identified

Analysis

The regulatory status of tobacco sponsorship is uncertain and, therefore, the associated penalties with violations are unclear.

To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit all tobacco sponsorship and provide for a range of penalties for violations.