Last updated: April 1, 2025

Penalties

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

Advertising and Promotion

Any person that violates the advertising and promotion provisions
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

A violation of any advertising or promotion provision by a person that is not a body corporate is subject to: (i) for the first offense, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offense, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.

A violation of any advertising or promotion provision by a person that is a body corporate is subject to: (i) for the first offense, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offense, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties and increased fines for repeat offenses. However, to more fully align, license suspension and cancellation should also be considered as penalties.

Sponsorship

Any person that violates the sponsorship provisions
Fine, Jail
Enforcement Agency

Ministry of Health

Analysis

A violation of any sponsorship provision by a person that is not a body corporate is subject to: (i) for the first offense, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offense, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.

A violation of any sponsorship provision by a person that is a body corporate is subject to: (i) for the first offense, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offense, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties and increased fines for repeat offenses. However, to more fully align, license suspension and cancellation should also be considered as penalties.