Last updated: January 31, 2025
Penalties
Advertising and Promotion
Manufacturers, Wholesalers, Importers, and any other person that violates advertising and sponsorship provisions
Ministry of Health
Manufacturers, wholesalers, and importers that violate advertising and promotion provisions are subject to a fine of €45,000 Euros. The fine is increased to: 1) €135,000 for a second violation within two years, 2) €225,000 for a third violation within three years, and 3) €450,000 for a fourth violation within five years.
Any other person that violates advertising and promotion provisions is subject to a fine of €450. This fine is increased to: 1) €1,350 for second violation within two years, 2) €2,250 for a third offense within three years, and 3) €4,500 for a fourth offense within five years.
However, the violation may not be disposed of with an administrative fine if the administrative fine is significantly exceeded by the economic benefit obtained from the violation.
The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations. However, to align more fully, license suspension and cancellation should also be considered as penalties.
Sponsorship
Manufacturers, Wholesalers, Importers, and any other person that violates advertising and sponsorship provisions
Ministry of Health
Manufacturers, wholesalers, and importers that violate sponsorship provisions are subject to a fine of €45,000 Euros. The fine is increased to: 1) €135,000 for a second violation within two years, 2) €225,000 for a third violation within three years, and 3) €450,000 for a fourth violation within five years.
Any other person that violates sponsorship provisions is subject to a fine of €450. This fine is increased to: 1) €1,350 for second violation within two years, 2) €2,250 for a third offense within three years, and 3) €4,500 for a fourth offense within five years.
However, the violation may not be disposed of with an administrative fine if the administrative fine is significantly exceeded by the economic benefit obtained from the violation.
The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations. However, to align more fully, license suspension and cancellation should also be considered as penalties.
