Last updated: December 17, 2019
Penalties
Content regulation
(e.g., seizure of the product, publication of the violation/violator)
Entities that import, distribute, or sell
Violations of content regulations are punishable by imprisonment of ten to thirty years, and a fine of fifty million francs (50,000,000 FCFA) to five hundred million francs (500,000,000 FCFA), or of one of these two punishments only. In addition, the closing of the establishment or industrial facility can be ordered for a period of at least fifteen (15) days and at most thirty (30) days. For a repeat offense, the permanent closing of the establishment or industrial facility will be ordered. In addition, non-conforming products may be seized and destroyed.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.
Disclosure requirement
Manufacturers and importers
The law does not prescribe a specific penalty for disclosure violations. However, for any violation of Law No. 2006-12, the Minister of Public Health, or his/her authorized agents, may elect to settle a violation with a fine of ten million francs (10,000,000 FCFA) to one hundred million francs (100,000,000 FCFA) (Art. 22). If a violator does not accept the settlement, law enforcement may seize the offender's tobacco products. If the offender has not paid the proposed settlement within seventy-two (72) hours, the merchandise is to be put up for sale; the proceeds of the sale shall revert to the offender, with the deduction of the settlement and the costs of the seizure and arranging the sale, for an amount up to a maximum of 20% of the proceeds of the sale, unless the Minister of Public Health or the person delegated by him or by the court orders it to be raised (Art. 23).
The law also allows for the public posting of verdicts against the offender (Art. 38). In addition, fines may be doubled for repeat offenses (Art. 39).
Further, a court may, if it finds an offender derived financial benefit from the offense, impose a supplemental fine equivalent to the financial benefit (Art. 40). A court may also order: the suspension of activity that could give rise to the continuation or a repeat offense, suspension of the sale of tobacco products, and compensation to the State for expenses incurred (Art. 41).
The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.
