Last updated: March 10, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
Penalties for the violation of any packaging and labeling provisions of the law include confiscation of the goods and a fine of up to 50% of the value of the goods confiscated.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties. The law could be strengthened by designating a government body responsible for enforcement and by specifying that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance.
Importer
(e.g., seizure of the product, publication of the violation/violator)
Penalties for the violation of any packaging and labeling provisions of the law include confiscation of the goods and a fine of up to 50% of the value of the goods confiscated.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties. The law could be strengthened by designating a government body responsible for enforcement and by specifying that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance.
Wholesaler
The law does not impose penalties on wholesalers or retailers for violations of packaging and labeling provisions. The law only imposes penalties on the factory or importer of the product.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties on wholesalers and retailers who sell products that do not carry the required warnings or otherwise meet packaging and labeling requirements.
Retailer
The law does not impose penalties on wholesalers or retailers for violations of packaging and labeling provisions. The law only imposes penalties on the factory or importer of the product.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties on wholesalers and retailers who sell products that do not carry the required warnings or otherwise meet packaging and labeling requirements.
