Last updated: September 17, 2019
Penalties
Advertising and Promotion
Uncertain
The Protection of Health Act provides that any person who violates advertising, promotion or sponsorship provisions of Art. 8 of the Act is subject to a prison sentence or a fine of up to PLN 200,000 or both. The law does not specify the agency authorized to enforce the advertising, promotion and sponsorship provisions.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for advertising and promotion violations. However, to more fully align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 60-68, the law should include a range of penalties, including fines, corrective advertising remedies, and license suspension or cancellation. Fines should be graded and commensurate with the nature and seriousness of the offense(s), including a first offense, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Repeat infringements should incur a highly significant penalty for a manufacturer or responsible entity. In addition, the law should authorize an agency with the power to enforce advertising and promotion provisions.
Sponsorship
Uncertain
The Protection of Health Act provides that any person who violates advertising, promotion or sponsorship provisions of Art. 8 of the Act is subject to a prison sentence or a fine of up to PLN 200,000 or both. The law does not specify the agency authorized to enforce the advertising, promotion and sponsorship provisions.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for sponsorship violations. However, to more fully align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 60-68, the law should include a range of penalties, including fines, corrective advertising remedies, and license suspension or cancellation. Fines should be graded and commensurate with the nature and seriousness of the offense(s), including a first offense, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Repeat infringements should incur a highly significant penalty for a manufacturer or responsible entity. In addition, the law should authorize an agency with the power to enforce sponsorship provisions.
