Last updated: September 17, 2019
Penalties
Sales Restrictions
(e.g., seizure of the product, publication of the violation/violator)
A violation of the prohibition on internet sales is punishable by a fine of 500,000 to 5,000,000 FCFA. Further, if a court determines that the offender has derived financial advantage from commission of the offense, the court may impose "instead of the maximum provided, a supplementary fine whose amount shall be two to five times greater than the amount of such financial benefit." In addition, the court may impose at its discretion the following: a) suspension of the action or activity that could be conducive to continuation of the offense, b) suspension of tobacco sale from 6 months to one year, c) payment to the State for all or part of the expenses incurred in enforcement of legal requirements, d) payment of fines imposed on employees.
Location-based Sales Restrictions
(e.g., seizure of the product, publication of the violation/violator)
A violation of location-based sales restrictions is punishable by a fine of 500,000 to 5,000,000 FCFA. Further, if a court determines that the offender has derived financial advantage from commission of the offense, the court may impose "instead of the maximum provided, a supplementary fine whose amount shall be two to five times greater than the amount of such financial benefit." In addition, the court may impose at its discretion the following: a) suspension of the action or activity that could be conducive to continuation of the offense, b) suspension of tobacco sale from 6 months to one year, c) payment to the State for all or part of the expenses incurred in enforcement of legal requirements, d) payment of fines imposed on employees.
Minimum Retail Package Size
The law does not regulate the minimum size of tobacco product packages; therefore, there are no associated penalties.
Minimum Legal Sales Age
(e.g., seizure of the product, publication of the violation/violator)
A violation of the minimum legal sales age is punishable by a fine of 5,000,000 to 50,000,000 FCFA. Further, if a court determines that the offender has derived financial advantage from commission of the offense, the court may impose "instead of the maximum provided, a supplementary fine whose amount shall be two to five times greater than the amount of such financial benefit." In addition, the court may impose at its discretion the following: a) suspension of the action or activity that could be conducive to continuation of the offense, b) suspension of tobacco sale from 6 months to one year, c) payment to the State for all or part of the expenses incurred in enforcement of legal requirements, d) payment of fines imposed on employees.
