LANGUAGE
Last updated: September 18th 2019

Penalties

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

Advertising and Promotion

Manufacturer, importer, supplier, distributor, or vendor of tobacco and tobacco products
Fine, Jail, Other
Enforcement Agency

Ministry of Health; Minister of Security and Civil Protection; Minister of Communications; Minister of Commerce and the Promotion of the Private Sector

Analysis

Violations of Article 8 (advertising and promotion) and Article 10 (offering of rewards to encourage sale of tobacco) are punishable by imprisonment of one month to two years or a fine of five million (5,000,000) to fifteen million (15,000,000) FCFA, or both. Violations of Article 13 (free distribution to minors) are punishable by a fine of one hundred thousand (100,000) to five hundred thousand (500,000) FCFA. In cases of repeat offenses of any of these provisions, fines and punishment may be doubled.

In addition, courts may order the confiscation and destruction of all advertising, promotional or sponsorship items and materials and the publication of the judgment in a national daily paper at the expense of the offender.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses and corrective action.

Sponsorship

Tobacco industry or any other entity that seeks to promote its interests
Fine, Jail, Other
Enforcement Agency

Ministry of Health; Minister of Security and Civil Protection; Minister of Communications; Minister of Commerce and the Promotion of the Private Sector

Analysis

Violations of Articles 9 (sponsorship) are punishable by imprisonment of one month to two years or a fine of five million (5,000,000) to fifteen million (15,000,000) FCFA, or both. In cases of repeat offenses, fines and punishment may be doubled.

In addition, courts may order the confiscation and destruction of all advertising, promotional or sponsorship items and materials and the publication of the judgment in a national daily paper at the expense of the offender.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses and corrective action.