Last updated: January 31, 2025

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Ministry of Health, Welfare and Sport

Fine
Gavel
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Entities that can be held responsible

Any person who places on the market tobacco product with prohibited contents

Analysis

Any person or entity that violates content regulations is subject to a fine of 450 Euros. This fine is increased to: 1) 1,350 Euros for second violation within 2 years, 2) 2,250 Euros for a third offense within 3 years, and 3) 4,500 Euros for a fourth offense within 5 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 law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations. However, to further align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should include additional sanctions, such as license suspension or revocation, for repeat or more serious violations.

Disclosure requirement

Ministry of Health, Welfare and Sport

Fine
Gavel
Expand to view related litigation
Entities that can be held responsible

Manufacturer, Importer

Analysis

Any person or entity that violates content regulations is subject to a fine of 450 Euros. This fine is increased to: 1) 1,350 Euros for second violation within 2 years, 2) 2,250 Euros for a third offense within 3 years, and 3) 4,500 Euros for a fourth offense within 5 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 law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations. However, to further align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should include additional sanctions, such as license suspension or revocation, for repeat or more serious violations.