Last updated: April 22, 2024
Penalties
Advertising and Promotion
Any person violating advertising and promotion provisions
Superintendent of Public Health
Any person who violates advertising and promotion provisions is liable, on a first conviction, to a fine of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). Where the violation subsists for more than a day, the violator is subject to an additional fine of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for each day in which the violation subsists. For a second or subsequent conviction, in addition to such fines, the violator may be subject to imprisonment for a term not exceeding three months.
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 align more fully, license suspension and/or cancellation should also be considered as a penalty for tobacco industry actors and advertisers that violate advertising and promotion provisions.
Sponsorship
Any person violating sponsorship provisions
Superintendent of Public Health
Any person who violates sponsorship provisions is liable, on a first conviction, to a fine of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). Where the violation subsists for more than a day, the violator is subject to an additional fine of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for each day in which the violation subsists. For a second or subsequent conviction, in addition to such fines, the violator may be subject to imprisonment for a term not exceeding three months.
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 align more fully, license suspension and/or cancellation should also be considered as a penalty for tobacco industry actors and advertisers that violate sponsorship provisions.
