Last updated: September 27, 2021

Penalties

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

Advertising and Promotion

Any person who violates the advertising and promotion provisions of the TPCA
Fine
Gavel
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Enforcement Agency

Advertising Standards Authority; Police

Analysis

The TPCA does not specify the enforcement authority. A violator, however, is subject to fines not exceeding R1,000,000.

To align with Art. 13 and the FCTC Art. 13 Guidelines, the penalty provisions should provide for a range of penalties, including license suspension and/or revocation, and for cumulative application for repeat offenses.

Sponsorship

Any person who violates the sponsorship provisions of the TPCA
Fine
Gavel
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Enforcement Agency

Advertising Standards Authority; Police

Analysis

The TPCA does not specify the enforcement authority. A violator, however, is subject to fines not exceeding R1,000,000.

To align with Art. 13 and the FCTC Art. 13 Guidelines, the penalty provisions should provide for a range of penalties, including license suspension and/or revocation, and for cumulative application for repeat offenses.