Last updated: February 6, 2024
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Unknown and awaiting regulations
(1) Article 35 of the law provides a penalty for anyone distributing tobacco or tobacco products for free, or gifts or advertising gadgets displaying a tobacco brand in the amount of 100,000 FCFA to 1 million FCFA and authorizes the confiscation or destruction of the products.
(2) Article 36 provides a penalty in the amount of 1 million FCFA to 50 million FCFA for anyone guilty of advertising tobacco or tobacco products and authorizes the confiscation and destruction of the advertising items.
(3) Article 37 of the law requires imprisonment for three months to one year and a penalty in the amount of 1 million FCFA to 5 million FCFA against anyone who manufactures or sells candies and/or toys or any other object having the shape or taste of a tobacco product, and authorizes the confiscation and destruction of the offending toys and candies.
(4) Article 38 of the law requires a penalty of 100,000 FCFA to 500,000 FCFA against anyone who uses the image of tobacco products for the purposes of promotion, and grants the local jurisdiction the authority to prohibit broadcast of the offending images. In case of repeat offenses, the broadcaster of the image must be temporarily or permanently closed.
In addition to the penalties described above, the court may, in the event of repeat offenses, prohibit the sale of the product that was the subject of illegal advertising for a period between one and five years.
The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties and, in some cases, increased penalties for repeat violations.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Unknown and awaiting regulations
Article 36 of the law requires a fine of 1 million FCFA to 50 million FCFA for anyone guilty of sponsoring or causing to be sponsored any activity of any kind whatsoever by the tobacco industry or its appendages and authorizes the confiscation and destruction of the advertising items.
The penalty provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that they provide for a range of penalties. To more fully align, the law should consider other penalties such as license suspension or revocation for violations of the sponsorship ban, and cumulative application for repeat offenses.
