Last updated: March 12, 2021

Penalties

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

Advertising and Promotion

Anyone who violates applicable provisions
Fine, Jail, Other

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

Enforcement Agency

Sanitary police

Analysis

Violators of Arts. 19 (toy resemblance) or 22 (free distribution) are subject to a fine between 5,000-50,000 Ouguiya.

Violators of Arts. 34 (general tobacco advertising and promotion prohibition), 36 (“advertising or publicity on behalf of an institution, a service, an activity, a product or an article other than tobacco … when, owing to its graphics, its presentation, the use of a brand, an advertising emblem or any other distinctive sign, it calls to mind tobacco or a tobacco product”), and 42 (disclosure) are subject to a fine between 50,000-100,000 Ouguiya.

Additionally, violators of the free distribution, candy resemblance, toy resemblance, promotions with a tobacco product purchase, competitions associated with tobacco products, or brand stretching/trademark diversification prohibitions are subject to imprisonment between 3-5 years or a fine of 5,000-10,000 Ouguiya.

In all cases where fines are provided, repeat offenses are to be doubled. Additionally, publication of any convicted violators is also permitted.

Sponsorship

Anyone who violates applicable provisions
Fine, Other

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

Enforcement Agency

Sanitary police

Analysis

Violators of Art. 35 (prohibition on underwriting, sponsorship and “corporate social responsibility) are subject to a fine between 50,000-100,000 Ouguiya.

For repeat offenses, fines are to be doubled. Additionally, publication of convicted violators is also permitted.