Last updated: September 17, 2019
Penalties
Advertising and Promotion
Judicial police;
Inspectors of the Ministry of Public Health;
Directorate of Consumer Protection in the Ministry of Economy and Trade;
Tourist police
Law No. 174, effective March 2012, provides that “the judicial police, the inspectors of the Ministry of Public Health, the Directorate of Consumer Protection in the Ministry of Economy and Trade and the tourist police will be in charge, every party within its jurisdiction, of monitoring the implementation of the present law’s provisions.” To date, it remains unclear which of these entities is responsible for enforcing tobacco advertising, promotion and sponsorship violations.
Violations of Art. 4 (prohibiting free samples, regulating tobacco product display, and prohibiting sales in restaurants and nightclubs) and Art. 10 (prohibiting certain promotional gifts) are punishable by a fine of two to six times the minimum wage. Second offenses of these provisions are subject to imprisonment of one to six months, a fine of 10 to 20 times the minimum wage or both.
Violations of Arts. 9 (advertising and promotion), 11 (advertising and promotion), and 12 (billboards) are subject to a fine of 20 to 60 times the minimum wage. A second offense is subject to imprisonment from two months to one year, a fine of 40 to 100 times the minimum wage, or both.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes fines that are graded, commencement with the offense, and are higher for repeat offenses. To more fully align with the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other types of penalties, such as license suspension or revocation, and corrective action.
Sponsorship
Judicial police;
Inspectors of the Ministry of Public Health;
Directorate of Consumer Protection in the Ministry of Economy and Trade;
Tourist police
Law No. 174, effective March 2012, provides that “the judicial police, the inspectors of the Ministry of Public Health, the Directorate of Consumer Protection in the Ministry of Economy and Trade and the tourist police will be in charge, every party within its jurisdiction, of monitoring the implementation of the present law’s provisions.” To date, it remains unclear which of these entities is responsible for enforcing tobacco advertising, promotion and sponsorship violations.
Violations of Art. 12 (sponsorship) are subject to a fine of 20 to 60 times the minimum wage. A second offense is subject to imprisonment from two months to one year, a fine of 40 to 100 times the minimum wage, or both.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes fines that are graded, commencement with the offense, and are higher for repeat offenses. To more fully align with the FCTC Art. 13 Guidelines, the drafters of the law should consider imposing other types of penalties, such as license suspension or revocation, and corrective action.
