Last updated: January 13, 2020

Penalties

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

Advertising and Promotion

Any person or organization
Fine, License suspension or revocation, Other

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

Enforcement Agency

Unknown

Analysis

Any violators of advertising laws are subject to imprisonment for a period of one to three years and a fine of 10 000,000 to 100 000,000 francs CFA, or only one of these two punishments. The relevant jurisdiction will confiscate and destroy the prohibited items.

Anyone who manufactures or sells candies or toys or any other item or material that has the shape or taste of tobacco or tobacco product shall face a punishment of imprisonment of one to three years and a fine of 5,000,000 to 50,000,000 francs CFA, or only one of these two punishments. The relevant jurisdiction will confiscate and destroy the prohibited toys, items, materials or candies.

Additionally, the law provides that any infringement may give rise to the provisional or definitive closing of the establishment, as well as the suspension or revocation of the operating license.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties and increased fines for repeat offenses.

Sponsorship

Any person or organization
Fine, License suspension or revocation, Other

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

Enforcement Agency

Unknown

Analysis

Any violators of sponsorship laws are subject to imprisonment for a period of one to three years and a fine of 10 000,000 to 100 000,000 francs CFA, or only one of these two punishments. The relevant jurisdiction will confiscate and destroy the prohibited item(s).

Additionally, the law provides that any infringement may give rise to the provisional or definitive closing of the establishment, as well as the suspension or revocation of the operating license.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties. However, to more fully align, penalties should increase with repeat violations.