Cabo Verde

Law No. 8/X/2002 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore, tobacco advertising and promotion on domestic TV and radio is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore, tobacco advertising and promotion in other domestic print media is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in other domestic print media.

The Advertising Code prohibits all forms of tobacco advertising and promotion (Art. 20.1) and clearly states that this law applies to "any advertising agents and any public or private institutions, whether national or foreign, engaging in advertising activities in the national territory, even if the broadcasting body is located in a foreign country." Therefore, under the Advertising Code, tobacco advertising and promotion on international TV and radio is prohibited.

However, Law No. 8/X/2022 requires that: “Any advertising transmitted by audiovisual media, including . . . open-access or subscription-based television, shows, movies, and the like produced in this Country or abroad whose intended effect is to either directly or indirectly promote tobacco products shall include at the beginning of the film a warning . . .” This suggests that international TV may contain tobacco advertising if a warning is shown. Because the Advertising Code conflicts with Law No. 8/X/2022, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion on international (cross-border) TV and radio is prohibited. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

The Advertising Code prohibits all forms of tobacco advertising and promotion (Art. 20.1). The Advertising Code clearly states that the law applies to “any advertising agents and any public or private institutions, whether national or foreign, engaging in advertising activities in the national territory, even if the broadcasting body is located in a foreign country” and applies to “any kind of advertising, regardless of the medium used for its dissemination.” Therefore, under the Advertising Code, tobacco advertising and promotion in international newspapers and magazines is prohibited. In addition, Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products and does not make an exception for international newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in international newspapers and magazines.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products “regardless of marketing support or information society or services.” Therefore, the ban includes internet communications. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through internet communications.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore, tobacco advertising and promotion by outdoor advertising is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

Law No. 8/X/2022 prohibits tobacco sellers “from displaying or advertising brand names, trademarks, emblems, logos, or any other unique or identifiable signs of tobacco products.” In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore, point of sale advertising and promotion is banned. Law No. 8/X2022 (Art. 22(2)) allows a price list for tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale tobacco advertising and promotion.

Law No. 8/X/2022 prohibits tobacco sellers “from displaying or advertising brand names, trademarks, emblems, logos, or any other unique or identifiable signs of tobacco products.” This is interpreted as a ban on the display or visibility of the products themselves, as the products contain brand names, trademarks, emblems, logos, etc.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products “regardless of marketing support or information society or services.” This is interpreted to include tobacco advertising and promotion by conventional mail. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products “regardless of marketing support or information society or services.” This is interpreted to include tobacco advertising and promotion by telephone and cellular phone. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through telephone and cellular phone.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. The Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion and clearly states that it applies to any kind of advertising "regardless of the medium used." These provisions are interpreted to prohibit all brand marking.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking on physical structures.

Law No. 8/X/2022 prohibits free distribution of tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to the free distribution of tobacco products.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that promotions in conjunction with a tobacco product purchase are prohibited. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” and prohibits direct or indirect sponsorship of events and activities. This is interpreted to include competitions and would therefore prohibit competitions associated with tobacco products. In addition, the Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion. Taken together, the law is interpreted to prohibit competitions associated with tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Law No. 8/X/2002 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco and clearly states that it applies to any kind of advertising "regardless of the medium used.” These provisions are interpreted as prohibiting direct person-to-person marketing.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through direct person-to-person targeting.

Law No. 8/X/2022 states: “Tobacco companies and their affiliate companies are prohibited from joining or associating their tradenames with any logos, trademarks, or goods that are not their products or brands.” This prohibits the use of tobacco industry trade names on non-tobacco products and services, but it does not prohibit the use of tobacco product brand names, even though that may have been the intent. For this reason, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all brand stretching, by use of trade name or brand name, is prohibited. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

The law does not address reverse brand stretching; therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all forms of tobacco advertising and promotion, including reverse brand stretching, are prohibited. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Law No. 8/X/2022 prohibits “food or products targeted toward children and adolescents that resemble in any way the shape of a tobacco product or their packaging and display the unique signs of those products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

Law No. 8/X/2022 prohibits “food or products targeted toward children and adolescents that resemble in any way the shape of a tobacco product or their packaging and display the unique signs of those products.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

Law No. 8/X/2022 prohibits “all forms of direct or indirect advertising and promotion” of tobacco products. In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions, such as retailer incentive programs, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco promotional activity, including retailer incentive programs, is prohibited. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Article 8 of the Advertising Code requires that all advertising be identified as such and be separated from the rest of the programming. Article 9 of the Advertising Code states that it is prohibited "to use subliminal images or images that are in other ways disguised that exploit the possibility of transmitting advertising without the recipients perceiving the advertising character of the message." Together, these provisions are interpreted as prohibiting paid placement of tobacco products in TV, film, and other media because they are not separated from the rest of the programming and the recipient may not be aware the images are advertising.

However, Art. 19(6) of Law 8/X/2022 requires: “Any advertising transmitted by audiovisual media, including cinema, open-access or subscription-based television, shows, movies, and the like produced in this Country or abroad whose intended effect is to either directly or indirectly promote tobacco products shall include at the beginning of the film a warning . . .” This conflicts with the Advertising Code, as it appears to allow paid placement if a warning is place at the beginning of the film or TV show. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit paid placement of tobacco products in TV, film, and other media. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

The Advertising Code states that "journalistic information, programs of entertainment, the act of releasing literary or artistic works protected pursuant to the terms of the Copyright Code, media access for the purposes of electoral campaigns, referenda and political communications, are not considered to be advertising." Under this provision, there are no restrictions or requirements on the unpaid depiction of tobacco use or tobacco products.

However, Law No. 8/X/2022 states: “Any advertising transmitted by audiovisual media, including cinema, open-access or subscription-based television, shows, movies, and the like produced in this Country or abroad whose intended effect is to either directly or indirectly promote tobacco products shall include at the beginning of the film a warning.” Because unpaid depiction of tobacco use or tobacco products may be considered tobacco advertising under the definition in the law, the law appears to require a warning on unpaid depiction. Because Law No. 8/X/2022 may conflict with the Advertising Code, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit unpaid depiction of tobacco use or tobacco products in TV, film, and other entertainment media, except for legitimate journalistic, artistic, or academic expression or legitimate social or political commentary.

Law No. 8/X/2022 bans “every form of sponsorship or contribution, either direct or indirect, to any events, sporting, cultural, or recreational activities, or radio or television shows by public or private individuals or companies whose exclusive or main activity is manufacturing, importing, distributing, marketing, or selling tobacco products”. In addition, the law bans the tobacco industry from “sponsoring either directly or indirectly any social responsibility activity” and any information campaigns on tobacco prevention. However, tobacco industry sponsorship of individuals is not included in the ban. Because of this exception or oversight, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, including tobacco industry sponsorship of individuals.

Most forms of sponsorship are banned. While sponsorship of individuals is permitted, the Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 8/X/202 (Art. 19) prohibits all tobacco advertising. Therefore, the publicity of financial (or other) support is prohibited by the ban on tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of financial or other sponsorship by the tobacco industry.

Law No. 8/X/2022 (Art. 19) contains a comprehensive ban on tobacco advertising and promotion. In addition, Art. 18 prohibits the use on tobacco packaging of “text, colors or pictures, names, designs, and figurative or other signs that suggest that a certain product is less harmful than others.” The Advertising Code (Art. 10) requires that advertising be truthful. Article 11 prohibits deceptive or misleading advertising, including advertising that is deceptive regarding the "characteristics of goods." Together, these provisions are interpreted as prohibiting promotion of tobacco products or use by any means that are false, misleading, deceptive, or likely to create an erroneous impression.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the promotion of tobacco products by false, misleading or deceptive means.