LANGUAGE
Last updated: September 17th 2019

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law No. 119/IV/95 (Art. 6) prohibits all forms of advertising of tobacco "through national public channels or those located in Cape Verde." 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.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

Law No. 119/IV/95 (Art. 6) prohibits all forms of advertising of tobacco "through national public channels or those located in Cape Verde." 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 prohibited.

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.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The law prohibits all forms of advertising of tobacco "through national public channels or those located in Cape Verde." In addition, the Advertising Code (Art. 20) prohibits all advertising and promotion of tobacco. Therefore tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.

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

International TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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. While Law No. 119/IV/95 prohibits tobacco advertising only "through national public channels or those located in Cape Verde," this law is older than the Advertising Code. We, therefore, interpret the Advertising Code as supplanting this limiting provision in Law No. 119/IV/95.

The Advertising Code aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on international TV and radio. However, Law No. 119/IV/95 should also make clear that tobacco advertising and promotion on international TV and radio is prohibited.

International newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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. While Law No. 119/IV/95 prohibits tobacco advertising only "through national public channels or those located in Cape Verde," this law is older than the Advertising Code. We, therefore, interpret the Advertising Code as supplanting this limiting provision in Law No. 119/IV/95.

The Advertising Code aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in international newspapers and magazines. However, Law No. 119/IV/95 should also make clear that tobacco advertising and promotion in international newspapers and magazines is prohibited.

Internet communications

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Internet communications (not sales)

Analysis:

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 via internet communications, whether domestic-based or cross-border, is prohibited. While Law No. 119/IV/95 prohibits tobacco advertising only "through national public channels or those located in Cape Verde," this law is older than the Advertising Code. We, therefore, interpret the Advertising Code as supplanting this limiting provision in Law No. 119/IV/95.

The Advertising Code aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via domestic-based and international internet communications. However, Law No. 119/IV/95 should also make clear that tobacco advertising and promotion via cross-border internet is prohibited.

Internet tobacco product sales

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion (both domestic and international) and Law No. 119/IV/95 prohibits all domestic tobacco advertising. Because internet tobacco product sales are an inherent form of advertising, these provisions could be interpreted as prohibiting internet tobacco product sales. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover sales, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that internet tobacco product sales are prohibited as an inherent form of tobacco advertising. In addition, to clarify the scope of the ban, the law should contain a definition of "tobacco advertising and promotion" in accordance with the definition provided in the FCTC.

Outdoor advertising (e.g., billboards, posters)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

The Advertising Code (Art. 20.1) and Law No. 119/IV/95 (Art. 6) prohibits all tobacco advertising. Therefore, outdoor advertising of tobacco is prohibited.

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

Point of sale advertising/promotion

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Point of sale advertising/promotion (other than product displays)

Analysis:

The Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion and clearly states that is applies to any kind of advertising "regardless of the medium used." Therefore, point of sale advertising and promotion is prohibited under the Advertising Code. Law No. 119/IV/95 (Art. 6) similarly prohibits all tobacco advertising. While Art. 6 of Law No. 119/IV/95 exempts "simple commercial information exhibited in establishments whose main business is the sale of tobacco," we interpret this to exempt information such as a price list of available products and not tobacco advertising and promotion more generally.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion. For greater clarity, drafters should consider defining what is meant by "simple commercial information."

Point of sale product display

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The Advertising Code (Art. 20.1) and Law No. 119/IV/95 (Art. 6) prohibit all tobacco advertising. Because point of sale tobacco product display is an inherent form of advertising, these provisions could be interpreted as prohibiting point of sale product display. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions such as product display, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that point of sale product display and visibility is prohibited as an inherent form of tobacco advertising. In addition, 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.

Vending machines

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The Advertising Code (Art. 20.1) and Law No. 119/IV/95 (Art. 6) prohibit all tobacco advertising. Because tobacco vending machine sales are an inherent form of advertising, these provisions could be interpreted as prohibiting vending machines. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions such as vending machine sales, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that vending machine sales are prohibited as an inherent form of tobacco advertising. In addition, 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. At a minimum, to align with FCTC Art. 16 (sales to and by minors), the law should contain measures to ensure that tobacco vending machines are not accessible to minors or promote the sale of tobacco products to minors.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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." Law No. 119/IV/95 (Art. 6) similarly prohibits all tobacco advertising. Therefore, tobacco advertising through conventional mail is prohibited.

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

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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." Law No. 119/IV/95 (Art. 6) similarly prohibits all tobacco advertising. Therefore, tobacco advertising by telephone and cellular phone is prohibited.

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.

Brand marking on physical structures

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Analysis:

The Advertising Code (Art. 20.1) prohibits all forms of tobacco advertising and promotion and clearly states that is applies to any kind of advertising "regardless of the medium used." Law No. 119/IV/95 (Art. 6) similarly prohibits all tobacco advertising. This is interpreted as prohibiting the use of words, designs, images, logos, sounds, or colors to promote tobacco products in or on entertainment venues, retail outlets, vehicles, and equipment.

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

Free distribution of tobacco products

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis:

The Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 119/IV/95 (Art. 6) prohibits all tobacco advertising. Because free distribution of tobacco products is an inherent form of advertising and promotion, these provisions could be interpreted as prohibiting free distribution of tobacco products. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions such as free distribution, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that free distribution of tobacco products is prohibited as an inherent form of tobacco advertising and promotion. At a minimum, to meet FCTC Art. 16, the law should prohibit free distribution to minors. In addition, 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.

Promotions with a tobacco product purchase

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Analysis:

The Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 119/IV/95 (Art. 6) prohibits all tobacco advertising. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions, the regulatory status "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.

Competitions associated with tobacco products

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

The Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 119/IV/95 (Art. 6) prohibits all tobacco advertising. However, because the definition of "advertising" in both laws is unclear as to whether it was intended to cover promotional actions, such as competitions associated with tobacco products, the regulatory status "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 competitions associated with tobacco products, 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.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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." Law No. 119/IV/95 (Art. 6) similarly prohibits all tobacco advertising. 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 direct person-to-person marketing. However, to clarify the scope of the tobacco advertising and promotion 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.

Brand stretching/trademark diversification

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

Law No. 119/IV/95 specifically prohibits the use of "names, brands or emblems of tobacco-based products on objects for consumption which do not directly serve for tobacco use." While this bans most brand stretching, it leaves open the possibility of using tobacco names, logos, or other indicia on products that facilitate tobacco use, such as lighters and ashtrays. Therefore the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising and promotion, including all forms of 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.

Reverse brand stretching or brand sharing

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

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.

Toys that resemble tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address toys that resemble tobacco products; therefore, the law is interpreted as allowing toys that resemble tobacco products.

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 toys that resemble tobacco products, 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.

Candy that resembles tobacco products

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not address candy that resembles tobacco products; therefore, the law is interpreted as allowing candy that resembles tobacco products.

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 candy that resembles tobacco products, 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.

Retailer incentive programs

Uncertain
The status of the regulation is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.

Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products

Analysis:

The Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 119/IV/95 (Art. 6) prohibits all tobacco advertising. 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 "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.

Paid placement of tobacco products in TV, film or other media

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

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.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, with respect to paid placement of tobacco products in TV, film, or other media.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

Allowed
There is no ban and there are no restrictions whatsoever applicable.

Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Analysis:

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." The law does not place any restrictions or requirements on the unpaid depiction of tobacco use or tobacco products.

The FCTC Art. 13 Guidelines state: "Parties should take particular measures concerning the depiction of tobacco in entertainment media products, including requiring certification that no benefits have been received for any tobacco depictions, prohibiting the use of identifiable tobacco brands or imagery, requiring anti-tobacco advertisements and implementing a ratings or classification system that takes tobacco depictions into account."

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction of tobacco use in the manner suggested in FCTC Art. 13 Guidelines paras. 29-31.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs)

Analysis:

The Advertising Code, Art. 20, prohibits tobacco sponsorship. Article 36 defines sponsorship as "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." Thus, the focus is on financing of programs. Article 30 further specifically prohibits tobacco sponsorship of television programs. These provisions leave open the possibility of tobacco industry sponsorship of events, individuals, and organizations, including corporate social responsibility programs and youth prevention programs, as well as all forms of non-financial (in-kind) support sponsorship. Therefore, the regulatory status "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship. To clarify the scope of the ban and aid in enforcement, the law should contain a definition of "tobacco sponsorship" in accordance with the definition provided in the FCTC.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
Analysis:

While some forms of tobacco sponsorship are permitted, the Advertising Code (Art. 20.1) prohibits all tobacco advertising and promotion and Law No. 119/IV/95 (Art. 6) 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.

Promotion by any means that are false, misleading or deceptive

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.

Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia)

Analysis:

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 tobacco advertising and promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression.