Sri Lanka

Any Food and Drugs Inspector or Public Health Inspector, Police Officers, Excise Officers

(1) Article 35(3) provides for a fine not to exceed 2,000,000 rupees for anyone contravening the provisions regarding publishing tobacco advertisements;

(2) Article 37(4) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed two years for manufacturers, importers or distributors contravening the provisions regarding distributing tobacco products free of charge;

(3) Article 37(4) provides a fine not to exceed 50,000 rupees and/or imprisonment not to exceed two years for anyone contravening the provisions regarding promotional discounts, gifts, prizes and rewards to consumers in conjunction with a tobacco product purchase;

(4) Article 38(3) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed two years for manufacturers or importers contravening the provisions regarding the brand stretching provisions;

(5) Article 38(3) provides a fine not to exceed 50,000 rupees and/or imprisonment not to exceed two years for anyone contravening the provisions regarding manufacture, distribution or sale of non-tobacco articles that have the appearance of tobacco products.

Articles 16 and 17 and the 2007 Government Notification establish the enforcement agents and their permitted actions to enforce the law.

The law does not provide for corrective action such as removal of the tobacco advertising and promotion or publication of court decisions. Funding of corrective or counter-advertising, all at the cost of the violator(s), should be authorized. The law also should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived. Penalties should be applied primarily against managers, directors, officers, and/or legal representatives of corporate entities when they are responsible for corporate violators’ conduct.

Any Food and Drugs Inspector or Public Health Inspector, Police Officers, Excise Officers

Article 36(2) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed two years for anyone contravening the provisions regarding tobacco industry sponsorship.

Articles 16 and 17 and the 2007 Government Notification establish the enforcement agents and their permitted actions to enforce the law.

The law does not provide for corrective action such as removal of the tobacco sponsorship or publication of court decisions. Funding of corrective or counter-advertising, all at the cost of the violator(s), should be authorized. The law also should impose a range of penalties sufficiently large to deter violations, graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator, that outweigh the potential economic benefits to be derived. Penalties should be applied primarily against managers, directors, officers, and/or legal representatives of corporate entities when they are responsible for corporate violators’ conduct.