Marketing strong alcoholic beverages
The advertising and other sales promotion of strong alcoholic beverages containing more than 22 per cent of alcohol by volume are prohibited by law.
The marketing of strong alcoholic beverages is only permitted in the following separately defined exceptional cases:
- advertising in licensed, retail sales and production premises for strong alcoholic beverages;
- product catalogues or price lists published by the seller of alcoholic beverages;
- advertising targeted at those participating in the sale of alcoholic beverages; and
- advertising in foreign publications.
The concept of marketing is broad
Marketing means not only advertising, indirect advertising and other sales promotion, but also regular media advertising and other commercial communication targeted at consumers.
The indirect advertising of strong alcoholic beverages is also prohibited. A logo established as representing a strong alcoholic beverage cannot be used as-is in advertising, nor in any modified form as the logo of another product or service. Neither can the advertising of another product convey the impression of a specific strong alcoholic beverage in any other respect. Such an impression may arise through images or key colours associated with a beverage, for example. In addition, handing out merchandise carrying the logos of strong alcoholic beverages is prohibited.
Due to the prohibition of marketing strong alcoholic beverages, all available alcoholic beverages (both mild and strong) must be presented in a moderate and equal manner in price lists and product catalogues available to customers on paper or online. In other words, no beverage can be highlighted by means of a different font type, colour or layout.
A price list can present relevant product information about alcoholic beverages, including the name of the beverage, the name of the producer, the package size, the price, and the name of the country of production or other region of origin. A price list may also include a neutral image of the bottle or package of an alcoholic beverage. Such an image of the bottle or retail package can only be given if combined with other product information.
The price list may also include purely informative descriptions of product groups of alcoholic beverages that do not include advertising elements. A product group description can include descriptions of the ingredients and/or manufacturing processes and flavour characteristics of alcoholic beverages and references to different uses. Such descriptions must also apply equally to all groups of alcoholic beverages.
As a rule, pure corporate image advertising is also permitted for companies that produce, import, sell or distribute strong alcoholic beverages. The purpose of corporate image advertising is to build a positive image of the company by describing its operating principles, goals, history and product quality. A positive corporate image aims to promote product sales, also when no products or brands are specifically mentioned.
As a rule, the marketing of strong alcoholic beverages is prohibited. However, it may be necessary in communication activities to mention the names of products manufactured by the company. Such contexts include annual reports, job advertisements, business brochures and the parts of the company’s website that demonstrate core operations.
In some cases, corporate image advertising may constitute prohibited advertising or sales promotion of strong alcoholic beverages. Assessing the lawfulness of activities depends, among other factors, on the target group at which communication is targeted, how prominently product names are mentioned, and whether they are mentioned in a way that resembles advertising. Using advertising images or emblems of products easily gives the impression of sales promotion.
Frequently asked questions about the marketing of strong alcoholic beverages
The Alcohol Act prohibits the marketing, indirect marketing and other sales promotion of strong alcoholic beverages. This means that you cannot advertise strong alcoholic beverages or publish news of product launches. However, you can provide information about your products in a product catalogue on your website, in which you present all alcoholic beverages you produce, both mild and strong, in a moderate and equal manner. In the product catalogue, you cannot highlight a single beverage by means of a different font type, colour or layout.
You can only market your products to those who participate in the sale of alcoholic beverages. However, this cannot take place on a website accessible by consumers. Those participating in the sale of alcoholic beverages include not only professional salespersons, but also students in the restaurant sector and other employees of producers, importers, distributors and sellers of alcoholic beverages who participate in sales indirectly.
In your product catalogue, you need to publish all available alcoholic beverages, both mild and strong, in a moderate and equal manner. This means that you cannot highlight a single beverage by means of a different font type, colour or layout.
In your product catalogue, you can present relevant product information about your alcoholic beverages, including the name of the beverage, the name of the producer, the package size, the price, and the name of the country of production or other region of origin. You can only attach a neutral image of the bottle or package of an alcoholic beverage with product information.
Your product catalogue may also include purely informative descriptions of product groups of alcoholic beverages that do not include advertising elements. A product group description can include descriptions of the ingredients and/or manufacturing processes and flavour characteristics of alcoholic beverages and references to different uses. Such descriptions must also apply equally to all groups and products of alcoholic beverages.