LANGUAGE
Last updated: January 3rd 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Uncertain
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 10,000,000 to 100,000,000 FCFA or both on individuals violating packaging and labeling provisions. 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. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, subsequent enforcement decrees should identify an agency with authority to enforce the law.

Importer

Uncertain
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 10,000,000 to 100,000,000 FCFA or both on individuals violating packaging and labeling provisions. 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. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, subsequent enforcement decrees should identify an agency with authority to enforce the law.

Wholesaler

Uncertain
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 10,000,000 to 100,000,000 FCFA or both on individuals violating packaging and labeling provisions. 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. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, subsequent enforcement decrees should identify an agency with authority to enforce the law.

Retailer

Uncertain
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law imposes a penalty of one to three years imprisonment, a fine of 10,000,000 to 100,000,000 FCFA or both on individuals violating packaging and labeling provisions. 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. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses. To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, subsequent enforcement decrees should identify an agency with authority to enforce the law.