Last updated: January 12, 2021
Penalties
Advertising and Promotion
Uncertain
The Tobacco Products Act provides that the government may designate any officer as an inspector.
Any person who violates Sec. 10 of the law, prohibiting tobacco advertising, promotion and sponsorship, is subject to a fine of not exceeding 100,000 rupees. In addition, in the case of old billboards, wall paintings, and similar items, inspectors can order that these items be taken down. The penalty provisions do not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because the penalties appear too low to act as an effective deterrent for large manufacturers who violate the law. In addition, the law does not provide for compound penalties, higher penalties for repeat violations, or license suspension or revocation.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide for corrective advertising remedies, license suspension or cancellation, graded penalties and higher penalties for repeat offenses. Penalties should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Further, the law or regulations should designate an enforcement agency or agencies.
Sponsorship
Uncertain
The Tobacco Products Act provides that the government may designate any officer as an inspector.
Any person who violates Sec. 10 of the law, prohibiting tobacco advertising, promotion and sponsorship, is subject to a fine of not exceeding 100,000 rupees. The penalty provisions do not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because the penalties appear too low to act as an effective deterrent for large manufacturers who violate the law. In addition, the law does not provide for compound penalties, higher penalties for repeat violations, license suspension or revocation, or corrective action.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide for corrective advertising remedies, license suspension or cancellation, graded penalties and higher penalties for repeat offenses. Penalties should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Further, the law or regulations should designate an enforcement agency or agencies.
