LANGUAGE
Last updated: March 12th 2021

Penalties

Violation
Enforcement Agency
Sanction(s)
 

Content regulation

Ministry of Public Health
Fine, Business License Suspension or Revocation, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Entities that can be held responsible:

Manufacturers, importers

Analysis

A violation of regulations on the content of cigarettes is punishable by a fine of fifty thousand Ouguiya (50,000) to one hundred thousand (100,000) Ouguiya. Fines may be doubled for repeat offenses. In addition, a business may be closed for a period of 15 - 30 days, and for a repeat offense may be closed permanently. Non-compliant products may be seized and destroyed. A jurisdiction may order that the judgment of conviction be posted in a designated place or published in newspapers. If a court finds that an offender has derived financial benefit from the offense, the court may impose a supplementary fine that the court deems to be the equivalent of such benefit. Finally, a court may order the suspension of all activity that could involve continuation of the office, and for a repeat offense, may suspend the sale of tobacco products for at least one year.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Disclosure requirement

Ministry of Public Health
Fine, Business License Suspension or Revocation, Other
(e.g., seizure of the product, publication of the violation/violator)
Entities that can be held responsible:

Manufacturers, importers

Analysis

A violation of disclosure requirements is punishable by a fine of fifty thousand Ouguiya (50,000) to one hundred thousand (100,000) Ouguiya. [Note: there is a discrepancy in the law. Art. 17 states the fine is "fifty thousand (50,000) to one hundred thousand (100,000)". Art. 42 states: "five hundred thousand (50,000) Ouguiya to one million (100,000)". The words and numbers do not align in Art. 42. Because the numbers in Art. 17 and 42 align, we presume the numbers are correct, not the words.] Fines may be doubled for repeat offenses. In addition, a business may be closed for a period of 15 - 30 days, and for a repeat offense may be closed permanently. Non-compliant products may be seized and destroyed. A jurisdiction may order that the judgment of conviction be posted in a designated place or published in newspapers. If a court finds that an offender has derived financial benefit from the offense, the court may impose a supplementary fine that the court deems to be the equivalent of such benefit. Finally, a court may order the suspension of all activity that could involve continuation of the office, and for a repeat offense, may suspend the sale of tobacco products for at least one year.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.