LANGUAGE
Last updated: September 17th 2019

Key Terms

Tobacco Sponsorship

Term Defined
Definition

Sponsorship is understood to refer to participation by natural or juridical persons who are not engaged in the activity of televising or producing audiovisual works, in the financing of any audiovisual works, programs, reporting, publications, categories or sections, hereinafter designated in abbreviated form as programs, regardless of the medium used for their dissemination, with a view to the promotion of their name, brand or image, as well as their activities, goods or services.

Analysis

The definition of "sponsorship" contained in the Advertising Code is more limited than the definition of sponsorship contained in the FCTC. The Code's definition encompasses "financing" of "audiovisual works, programs, reporting, publications, categories or sections." In contrast, the FCTC definition of "sponsorship" includes any type of contribution, not just financial support, to any "event, activity or individual," not just audiovisual works, programs, reporting, and publications. The effect of this is to allow sponsorship of events, activities, and individuals that are not the types of programs identified in the Advertising Code and to allow non-financial (in-kind) contributions to all kinds of programs, activities, events, or organizations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and define "tobacco sponsorship" in accordance with the definition provided in FCTC Art. 1(g).

FCTC-Based Definition:

Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))

Tobacco Advertising and Promotion

Term Defined
Definition

[Law No. 119/VI/95] Advertising shall be understood as all dissemination which is targeted at the public for determined goods or a service of a commercial nature aimed at promoting its purchase.

[Advertising Code] Advertising is considered to be any kind of communication carried out by entities of a public or private character, in the context of commercial, industrial, artisanal or liberal activities, for the direct or indirect purpose of:
a) Promoting any goods or services with a view to their commercialization or exchange;
b) Promoting ideas, principles, initiatives or institutions.

Analysis

Both Law No. 119/VI/95 (on tobacco use) and the Advertising Code contain definitions of "advertising." Both definitions cover commercial communications. However, it is unclear if either definition covers "actions" and, therefore, promotional activities. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in FCTC Art. 1(c).

FCTC-Based Definition:

Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))

Tobacco Product

Term Defined
Definition

[Law No. 119/VI/95] Tobacco is considered to be the leaves, parts of the leaves and stalks of the plant Nicotina Tabacum, L. and Nicotina Rusticda, L., whether sold in the form of a cigarette, cheroot or cigar, or cut for pipe use or hand rolling of cigarettes.

[Advertising Code] For the purposes of this Code, a tobacco product is understood to be any product intended to be smoked, inhaled, sucked or chewed, as long as it composed, even if only partially, of tobacco.

Analysis

The definition of "tobacco product" contained in the Advertising Code aligns with the definition of "tobacco product" provided in the FCTC.

While Law No. 119/IV/95 does not contain a definition of "tobacco product," it does contain a definition of "tobacco." As this law prohibits advertising of "tobacco," the definition is important in interpreting the law. The definition of "tobacco" does not align with the FCTC definition of "tobacco products" because it is unclear whether it was intended to cover smokeless tobacco. Therefore, it is unclear whether the provisions of Law 119/IV/95 prohibiting tobacco advertising apply to smoked tobacco products only or also to smokeless tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, Law No. 119/IV/95 should contain a definition of "tobacco products" in accordance with the definition provided in FCTC Art. 1(f).

FCTC-Based Definition:

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))