Last updated: January 13, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
A manufacturer or importer who violates packaging and labeling provisions is subject to a fine ranging from 10,000 to 100,000 CFA francs, or a sentence of no more than ten days imprisonment, or both.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes penalties for violation of packaging and labeling provisions. However, to align more fully, the drafters of the law should consider imposing additional or alternative penalties - such as license suspension or revocation - and higher penalties for repeat violations. In addition, the law should require compliance by wholesalers and retailers and impose penalties on wholesalers and retailers who violate packaging and labeling provisions, not just manufacturers and importers.
Importer
(e.g., seizure of the product, publication of the violation/violator)
A manufacturer or importer who violates packaging and labeling provisions is subject to a fine ranging from 10,000 to 100,000 CFA francs, or a sentence of no more than ten days imprisonment, or both.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes penalties for violation of packaging and labeling provisions. However, to align more fully, the drafters of the law should consider imposing additional or alternative penalties - such as license suspension or revocation - and higher penalties for repeat violations. In addition, the law should require compliance by wholesalers and retailers and impose penalties on wholesalers and retailers who violate packaging and labeling provisions, not just manufacturers and importers.
Wholesaler
The law requires manufacturers and importers to comply with packaging and labeling provisions. The law does explicitly require wholesalers or retailers to ensure that all tobacco products sold comply with packaging and labeling provisions. Therefore, there are no penalties for wholesalers and retailers.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require compliance by wholesalers and retailers and impose penalties on wholesalers and retailers who violate packaging and labeling provisions, not just manufacturers and importers.
Retailer
The law requires manufacturers and importers to comply with packaging and labeling provisions. The law does explicitly require wholesalers or retailers to ensure that all tobacco products sold comply with packaging and labeling provisions. Therefore, there are no penalties for wholesalers and retailers.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require compliance by wholesalers and retailers and impose penalties on wholesalers and retailers who violate packaging and labeling provisions, not just manufacturers and importers.
