Last updated: December 3, 2021
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Autonomous Regions (radio and television within their jurisdiction);
Ministry of Industry Tourism and Commerce (other broadcast)
The law sets out penalties for mild breaches, serious breaches, and very serious breaches. Advertising and promotion of tobacco products in all media is designated a very serious offense and, as such, is subject to up to 3 years in prison and/or a fine of 10,001 to 600,000 Euros. The amount of the fine shall take into account the health risk created by the offense, the economic capacity of the offender, the social repercussion of the offense, and the benefit yielded to the offender. Maximum fines shall be imposed where the offense has occurred repeatedly. If the fine is less than the benefit obtained from the breach, the fine shall be increased to double the amount of the benefit to the offender.
Other penalties for advertising and promotion in media include suspension of activities and closure of the establishment; seizure of records, supporting materials, and documents; and warning the public of the offense and the institution of proceedings against the offender.
Other types of promotional offenses, e.g., free samples, sale of discounted products, sale of products resembling tobacco products, promotion to minors, and brand stretching are considered serious breaches. As such, these violations are subject to a fine from 601 to 10,000 Euros, taking into account the health risk created by the offense, the economic capacity of the offender, the social repercussion of the offense, and the benefit yielded to the offender.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 guidelines in that it provides for a range of penalties, graded and cumulative penalties, and higher penalties for repeat offenses.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Autonomous Regions (radio and television within their jurisdiction);
Ministry of Industry Tourism and Commerce (other broadcast)
The law sets out penalties for mild breaches, serious breaches, and very serious breaches. Publicity of sponsorship of tobacco products in all media is designated a very serious offense and, as such, is subject to up to 3 years in prison and/or a fine of 10,001 to 600,000 Euros. The amount of the fine shall take into account the health risk created by the offense, the economic capacity of the offender, the social repercussion of the offense, and the benefit yielded to the offender. Maximum fines shall be imposed where the offense has occurred repeatedly. If the fine is less than the benefit obtained from the breach, the fine shall be increased to double the amount of the benefit to the offender.
Other penalties for sponsorship in media include suspension of activities and closure of the establishment; seizure of records, supporting materials, and documents; and warning the public of the offense and the institution of proceedings against the offender.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 guidelines in that it provides for a range of penalties, graded and cumulative penalties, and higher penalties for repeat offenses.
