Last updated: September 9, 2021

Penalties

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

Advertising and Promotion

Any person or entity that: 1) initiates tobacco advertising or promotion, 2) produces, publishes or makes accessible material for tobacco, or 3) engages in any tobacco advertising, promotion or sponsorship

Fine, License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Enforcement Agency

Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare

Analysis

Any person that violates provisions on tobacco advertising and promotion is subject to a fine of not less than 100,000 dalasis or imprisonment for a term of not less than one year, or both. If the person is a corporate entity, in addition to the penalty above, the entity may be subject to a fine of not less than 250,000 dalasis or suspension of license for not less than six months. In addition, a court may order the seizure, forfeiture or destruction of any prohibited material.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range and diversity of penalties.

Sponsorship

Any person or entity that: 1) initiates tobacco sponsorship, 2) produces, publishes or makes accessible material for tobacco, or 3) engages in any tobacco sponsorship

Fine, License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Enforcement Agency

Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare

Analysis

Any person that violates provisions on tobacco sponsorship is subject to a fine of not less than 100,000 dalasis or imprisonment for a term of not less than one year, or both. If the person is a corporate entity, in addition to the penalty above, the entity may be subject to a fine of not less than 250,000 dalasis or suspension of business license for not less than six months. In addition, a court may order the seizure, forfeiture or destruction of any prohibited material.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range and diversity of penalties.