Last updated: January 14, 2021
Penalties
Advertising and Promotion
Ministry for Health and Medical Services
Penalties for offenses are outlined Art. 37 and include fines and potential prison sentences for individuals and fines for a “body corporate”.
Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.
In addition to the penalties in Art. 37 of the Tobacco Control Act 2010, Art. 35 includes additional penalties that could fall under “corrective action”, including paying for the cost of having the advertisement removed, obscured or destroyed.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for higher penalties for repeat offenses. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.
Sponsorship
Ministry for Health and Medical Services
The law does not prohibit tobacco sponsorship, instead prohibiting publicity of sponsorship (use of “the brand name or trademark of a tobacco product or the name of a distributor of tobacco products in a representation to the public that: (a) promotes any organisation, activity or event . . . or (b) acknowledges the financial or other contributions made. . . .”). Thus, the penalties in the law are for a violation of the provision restricting publicity of sponsorship.
Penalties for offenses are outlined in Art. 37 and include fines and potential prison sentences for individuals and fines for a “body corporate”.
Individuals convicted for a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.
