Last updated: January 23, 2023

Penalties

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

Advertising and Promotion

Depending on the offense: (1) traders, sellers, and persons who distribute or display tobacco products contrary to Art. 16; (2) persons responsible for publicity and promotion of tobacco products contrary to Art. 23; (3) proprietors/administrators of establishments where publicity or promotion of these products is carried out contrary to Art. 23; and (4) persons/entities who use incentives to promote tobacco products or use contrary to Art. 24
Fine, Jail, Other

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

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Enforcement Agency

Health Secretariat

Analysis

Fine between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area. The fine amount is doubled for repeat offenses.

Other penalties: (1) warning and (2) temporary or final, and partial or complete closure.

The law provides a range of penalties, grades the fine amount, increases it for repeat violations, and considers other factors in accordance with the FCTC Art. 13 Guidelines. However, corrective action (obligation to remedy the infringement) is not required. For effective enforcement, the law should provide a requirement for corrective action measures such as those provided in FCTC Art. 13 Guidelines para. 61.

Sponsorship

Persons/entities who carry out sponsorships
Fine, Jail, Other

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

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Enforcement Agency

Health Secretariat

Analysis

Fine between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area.

Other penalties: (1) warning and (2) temporary or final, and partial or complete closure.

The law provides a range of penalties, grades the fine amount, increases it for repeat violations, and considers other factors in accordance with the FCTC Art. 13 Guidelines. However, corrective action (obligation to remedy the infringement) is not required. For effective enforcement, the law should provide a requirement for corrective action measures such as those provided in FCTC Art. 13 Guidelines para. 61.