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The Criminal Court of Appeal of Ouagadougou upheld a conviction against MABUCIG, a cigarette manufacturer, for displaying stickers of the Hamilton cigarette brand marking on a delivery motorcycle, in violation of the prohibition on tobacco advertising.
MABUCIG appealed this conviction and sought a suspension of the sentence, which the Court of Appeal rejected as not an established right for first-time offenders. MABUCIG also argued that the appropriate penalty should derive from the general advertising law rather than the tobacco control law, and that the branding on the motorcycle was intended for identification purposes rather than advertising, negating any criminal intent. Both assertions were rejected by the Court of Appeal. The Court held that criminal intent could be inferred from the fact that MABUCIG knowingly stamped its Hamilton brand on the delivery vehicle, thereby attracting public attention to its products through mobile advertising.
The conviction was upheld in its entirety.