Last updated: September 17, 2019

Penalties

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

Advertising and Promotion

Any person violating the act
Fine, Jail, Other

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

Enforcement Agency

Uncertain

Analysis

Penalties for the violation of any provisions regarding advertising, promotion and sponsorship in the law include imprisonment from one to three years, fines ranging from 5,000,000 to 50,000,000 FCFA or both. These penalties can be combined with confiscation and destruction of the advertising materials as well as the publication of this information. Fines can be doubled in some situations.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties. The law could be strengthened by imposing increased penalties for repeat offenses, by designating a government body responsible for enforcement and by specifying that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance.

Sponsorship

Any person violating the act
Fine, Jail, Other

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

Enforcement Agency

Uncertain

Analysis

Penalties for the violation of any provisions regarding advertising, promotion and sponsorship in the law include imprisonment from one to three years, fines ranging from 5,000,000 to 50,000,000 FCFA or both. These penalties can be combined with confiscation and destruction of the advertising materials as well as the publication of this information. Fines can be doubled in some situations.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it imposes a range of penalties. The law could be strengthened by imposing increased penalties for repeat offenses, by designating a government body responsible for enforcement and by specifying that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance.