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Article L5432-5 of the French Public Health Code

Legal entities held criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offences defined in this chapter shall incur, in addition to the fine set out in article 131-38 of the French Criminal Code, the penalty set out in 2° to 9° of article 131-39 of the same Code.

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Article L5434-1 of the French Public Health Code

Any offence relating to the advertising of contraceptive products and articles other than medicines is punishable in accordance with the provisions of articles L. 5422-5 and L. 5422-6. However, only the provisions of article L. 5422-6 are applicable to offences relating to the advertising of condoms.

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Article L5435-1 of the French Public Health Code

The sale by manufacturers and dealers in gynaecological equipment of medical devices that can be used for the voluntary interruption of pregnancy to persons who are not members of the medical profession or who do not themselves sell such devices is punishable by two years’ imprisonment and a fine of €30,000. Natural and legal persons are also liable to the following penalties: 1° Confiscation of the medical devices seized ;…

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Article L5437-1 of the French Public Health Code

Infringements relating to tattooing products, as provided for in this chapter and in the regulations adopted for its application, shall be investigated and recorded in accordance with the provisions of article L. 5431-1 relating to cosmetic products.

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Article L5437-2 of the French Public Health Code

The following is punishable by two years’ imprisonment and a fine of €30,000: 1° For the person responsible for an establishment manufacturing, packaging or importing tattoo products, to open, operate or extend the activity of an establishment to include such operations, without first making a declaration to the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products)…

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Article L5437-3 of the French Public Health Code

Natural persons guilty of the offences defined in article L. 5437-2 are also liable to the following additional penalties: 1° Dissemination of the sentencing decision and of one or more messages informing the public of this decision, in accordance with the conditions set out in article 131-35 of the French Criminal Code; 2° Posting of the sentenced decision, in accordance with the conditions and under the penalties set out in…

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Article L5437-4 of the French Public Health Code

Legal entities declared criminally liable, under the conditions set out in Article 121-2 of the French Penal Code, for the offences defined in Article L. 5437-2 of this Code shall be liable, in addition to a fine in accordance with the provisions of article 131-38 of the French Criminal Code: 1° Confiscation of the thing that was used or intended to be used to commit the offence or of the…

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Article L5437-5 of the French Public Health Code

Failure by the person responsible for placing the tattooing product on the market, within the meaning of article L. 513-10-2, to report serious adverse reactions to the Agence nationale de sécurité du médicament et des produits de santé as soon as they become aware of them and by any means, under the conditions mentioned in I of article L. 513-10-8, is punishable by two years’ imprisonment and a fine of…

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Article L5438-1 of the French Public Health Code

The following constitutes a breach subject to a financial penalty: 1° Failure by manufacturers, importers or distributors of active substances to comply with the good manufacturing and distribution practices referred to in the first and second paragraphs of article L. 5138-3 ; 2° Failure by any pharmaceutical establishment mentioned in article L. 5124-1, dispensing pharmacies, pharmacies for internal use or doctors to ensure that the active substances they use comply…

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