Last updated: February 11, 2024
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Competent authorities of the cities with provincial status and at the county (city) level
Manufacturers and importers who violate advertising and promotion provisions (Art. 12) are subject to a fine of no less than NTD 5,000,000 but no more than NTD 25,000,000, which shall be imposed repeatedly and continuously for every violation. Any person in the advertising or mass communication business who violates advertising and promotion provisions (Art. 12) is subject to a fine of no less than NTD 200,000 but no more than NTD 1,000,000, and shall be fined for each violation. All other persons who violate advertising and promotion provisions (Art. 12) are subject to a fine of no less than NTD 100,000 but no more than NTD 500,000, and shall be fined repeatedly and continuously for each violations.
Any person who violates any provision of the act is subject to having his /her personal identity and the manner of the violation published.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to imposing a range of fines commensurate with the seriousness of the violation. However, to more fully align, the law should impose other penalties, such as license suspension or revocation.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Competent authorities of the cities with provincial status and at the county (city) level
The law does not prohibit or restrict most forms of sponsorship. However, some forms of sponsorship are prohibited under Art. 12(8) of the Tobacco Hazards Prevention Act. Manufacturers and importers who violate this provision are subject to a fine of no less than NTD 5,000,000 but no more than NTD 25,000,000, which shall be imposed repeatedly and continuously for every violation. Any person in the advertising or mass communication business who violates this provision is subject to a fine of no less than NTD 200,000 but no more than NTD 1,000,000, and shall be fined for each violation. All other persons who violate this provision are subject to a fine of no less than NTD 100,000 but no more than NTD 500,000, and shall be fined repeatedly and continuously for each violations.
Any person who violates any provision of the act is subject to having his /her personal identity and the manner of the violation published.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to imposing a range of fines commensurate with the seriousness of the violation. However, to more fully align, the law should impose other penalties, such as license suspension or revocation.
