Have you Been Charged with Failure to Post Nicotine Warning in an Establishment Selling Cigarettes?
Cigarettes are dangerous to the health of everyone who smokes. Therefore, stores that sell cigarettes are required to post a warning about the dangers of smoking cigarettes. Failure to do so will be treated as a misdemeanor. If you or a loved one has been charged with failing to post a nicotine warning, all hope is not lost. Contact our offices because you always have options. Our Georgia Failure to Post a Warning Attorneys are here for you 24 hours a day, 7 days a week.
Georgia Law on Failing to Post Nicotine Warning in an Establishment Selling Cigarettes
According to O.C.G.A. §16-12-172, a person owning or operating a business that sells cigarettes, tobacco products, or tobacco related objects is required to post the following sign stating:
“SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.”
The sign must be posted in a conspicuous place and the letters must be at least one-half inch in height.
Penalty for Failing to Post Nicotine Warning in an Establishment Selling Cigarettes in Georgia
A conviction for violating O.C.G.A. §16-12-172 will be considered a misdemeanor. In Georgia, misdemeanors carry punishments of up to one year in jail, up to $1,000 in fines, or both.
Failing to Post Nicotine Warning Defenses
The sign was posted according to the law: Evidence that the sign was posted in a conspicuous place and that the letters were tall enough will be a sufficient defense.
The sign was not required: If the establishment was one that does not sell cigarettes or tobacco or tobacco related products, then a sign does not have to be posted.
If one of those defenses does not apply to your case, do not worry. This is not an all inclusive list. Every case is different so it is best to contact a failure to post warning attorney in Georgia to discover what defenses apply to your case
No matter what crime you have been charged with, never just plead guilty. There are always arguments an experienced Georgia Failure to Post Nicotine Warning Lawyer can make on your behalf. Call now for a free case evaluation.