LANGUAGE
Last updated: October 17th 2019

Penalties

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

Advertising and Promotion

Any person
Fine, Jail, Other
Enforcement Agency
Uncertain
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 50,000,000 to 200,000,000 FCFA or both on individuals infringing provisions concerning advertising, underwriting, promotion of tobacco and tobacco products.

Anyone who infringes provisions concerning the form of signs, message content, free distribution shall be subject to a punishment of a fine of 500,000 to 5,000,000 FCFA.

The penalties are doubled when the targeted audience consists of minors or involve minors.

For corporate entities, financial penalties may be multiplied by five. Additional penalties include the suspension of tobacco sales for six months to one year, and the suspension of other activities that may give rise to a continued violation of the law. Corporate entities committing infractions of the law may face additional penalties such as dissolution, permanent or temporary closing, and the public posting of a judgment against them.

Jurisdictions can also order the confiscation of goods, gains or revenues derived from the products resulting from the offense for the benefit of the public treasury and can impose a fine equal to the amount of such gains.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, enforcement decrees should identify an agency with authority to enforce the law.

Sponsorship

Any person
Fine, Jail, Other
Enforcement Agency
Uncertain
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 50,000,000 to 200,000,000 FCFA or both on individuals infringing provisions concerning underwriting, sponsorship.

The penalties are doubled when the targeted audience consists of minors.

For corporate entities, financial penalties may be multiplied by five. Additional penalties include the suspension of tobacco sales for six months to one year, and the suspension of other activities that may give rise to a continued violation of the law. Corporate entities committing infractions of the law may face additional penalties such as dissolution, permanent or temporary closing, and the public posting of a judgment against them.

Jurisdictions can also order the confiscation of goods, gains or revenues derived from the products resulting from the offense for the benefit of the public treasury and can impose a fine equal to the amount of such gains.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, enforcement decrees should identify an agency with authority to enforce the law.