Last updated: December 17, 2019

Penalties

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

Advertising and Promotion

All entities directly or indirectly involved in the operation
Fine, Jail, Other

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

Enforcement Agency

Health Police, Network of Members of Parliament for tobacco control, civil society

Analysis

The Minister of Public Health, or his/her authorized agents, may elect to settle violations of the advertising and promotion provisions of the law for a fine of 5 to 50 million FCFA. Alternatively, the government may initiate legal proceedings with penalties including possible imprisonment from 5 to 10 years; and/or a fine of 5 to 50 million FCFA. The law also allows for the public posting of verdicts against the offender and for supplemental fines in cases of unjust enrichment as a result of violating the law.

In the event of repeated misconduct, fines may be doubled.

Civil society associations engaged in tobacco control are granted the authority to file civil actions for infractions of the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties) and increased penalties for repeat violations.

Sponsorship

All entities directly or indirectly involved in the operation
Fine, Jail, Other

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

Enforcement Agency

Health Police, Network of Members of Parliament for tobacco control, civil society

Analysis

The Minister of Public Health, or his/her authorized agents, may elect to settle violations of the sponsorship provisions of the law for a fine of 5 to 50 million FCFA. Alternatively, the government may initiate legal proceedings with penalties including possible imprisonment from 5 to 10 years; and/or a fine of 5 to 50 million FCFA. The law also allows for the public posting of verdicts against the offender and for supplemental fines in cases of unjust enrichment as a result of violating the law.

In the event of repeated misconduct, fines may be doubled.

Civil society associations engaged in tobacco control are granted the authority to file civil actions for infractions of the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties) and increased penalties for repeat violations.