Last updated: May 8, 2023

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)

Advertising and Promotion

Any natural or juridical person that perpetrates or is an accomplice of advertising and promotion violations
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Enforcement Agency

Judiciary police

Sanitary police

Analysis

Violations of the ban on tobacco advertising and promotion are punishable by imprisonment from two years to five years, and/or a fine of 10,000,000 to 50,000,000 Francs CFA. The same penalties apply to violations of the ban on free distribution of tobacco products.

Violations of the ban on point of sale product display are punishable by a fine of 50,000 to 300,000 Francs CFA.

Violations of the ban on toys and candy that resemble tobacco product packaging are punishable by a fine of 500,000 to 10,000,000 Francs CFA. The toys and candy shall be confiscated and destroyed.

Repeat offenses are punishable by double the initial penalty.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for violations of the advertising and promotion ban, including higher penalties for repeat violations. To more fully align, the drafters of the law should consider additional penalties such as license suspension or revocation.

Sponsorship

Any natural or juridical person that perpetrates or is an accomplice of sponsorship violations
Fine, Jail
Enforcement Agency

Judiciary police

Sanitary police

Analysis

Violations of the ban on tobacco sponsorship are punishable by imprisonment from two years to five years, and/or a fine of 10,000,000 to 50,000,000 Francs CFA. Repeat offenses are punishable by double the initial penalty.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for violations of the sponsorship ban, including higher penalties for repeat violations. To more fully align, the drafters of the law should consider additional penalties such as license suspension or revocation.