Last updated: June 10, 2024

Penalties

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

Advertising and Promotion

“Any individual or corporate entity committing a misdemeanor or breach” of the law. For advertising offenses, “the advertising company and the beneficiary of the advertising shall be considered jointly responsible.”
Corrective action required, Fine, License suspension or revocation, Warning, Other

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

Gavel
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Enforcement Agency

Ministry of Health

Analysis

Fines range from 10 balboas to 100,000 balboas, depending upon “the risk to health, the offender’s economic capacity, the social repercussion of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

Other penalties include: (1) seizure of the product or articles affecting public health, (2) temporary suspension of activities, and (3) closure of establishment.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, graded penalties, cumulative application for repeat offenses, and corrective action (suspension of activity).

Sponsorship

“Any individual or corporate entity committing a misdemeanor or breach” of the law. For advertising offenses, “the advertising company and the beneficiary of the advertising shall be considered jointly responsible.”
Corrective action required, Fine, License suspension or revocation, Warning, Other

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

Gavel
Expand to view related litigation
Enforcement Agency

Ministry of Health

Analysis

Fines range from 10 balboas to 100,000 balboas, depending upon “the risk to health, the offender’s economic capacity, the social repercussion of the offense, the benefit the sanctioned conduct may yield to the offender . . . and the offender’s recidivism.”

Other penalties include: (1) seizure of the product or articles affecting public health, (2) temporary suspension of activities, and (3) closure of establishment.

The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, graded penalties, cumulative application for repeat offenses, and corrective action (suspension of activity).