The legal liability for selling counterfeit cigarettes is determined based on the specific amount:
1. The production and sale of counterfeit products with a sales amount of less than 50,000 yuan is generally illegal. Behaviors may be subject to administrative penalties by the industrial and commercial administration department in accordance with the law;
2. When the perpetrator intentionally manufactures and sells counterfeit and inferior products, and the sales amount reaches more than 50,000 yuan as stipulated by law, a crime is committed and sentenced to 2 years. The following persons shall be sentenced to fixed-term imprisonment or criminal detention, and shall concurrently or solely be fined not less than 50% but not more than twice the amount of sales.
Due to relevant legal provisions, citizens who sell counterfeit cigarettes without a tobacco monopoly production enterprise license to produce cigarette paper, filter rods, cigarette tows or tobacco-specific machinery shall be sold by Yanmenghuqiancao Monopoly The administrative department shall order the production to stop, confiscate the illegal gains, impose a fine of not less than 1 time but not more than 2 times the value of the illegally produced tobacco monopoly products, and publicly destroy the illegally produced tobacco monopoly products.
Legal basis: Article 33 of the "Tobacco Monopoly Law of the People's Republic of China"
Producing and selling cigarettes, cigars, and wrapped cigarettes without registered trademarks Those who use shredded tobacco shall be ordered by the industrial and commercial administration department to stop production and sales and shall be fined.
Whoever produces or sells tobacco products that counterfeit other people’s registered trademarks shall be ordered by the industrial and commercial administration department to stop the infringement, compensate the infringer for losses, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law.