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Alcohol Marketing Regulations in Sweden. Restrictive national rules challenged by EU trade treaty. Overview July 2009 By Avalon de Bruijn Adebruijn@stap.nl. Volume restrictions prior to 2003:. Ban alcohol ads on national TV (Alcohol Act) Ban on satellite TV (Radio and Television Act)
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Alcohol Marketing Regulations in Sweden Restrictive national rules challenged by EU trade treaty Overview July 2009 By Avalon de Bruijn Adebruijn@stap.nl
Volume restrictions prior to 2003: • Ban alcohol ads on national TV (Alcohol Act) • Ban on satellite TV (Radio and Television Act) • Ban alcohol ads on Radio (Alcohol Act) • Ban alcohol ads on Magazines/Periodicals (Alcohol Act) • No outdoor advertising for stronger beer, wine and spirits in waiting halls, public transportation and sport events (self-regulation) • No advertising for stronger beer, wine and spirits in cinemas or theatres (self-regulation) • No specific rules with respect to internet (self-regulation) • prohibited sales promotion measures: • i) the handing out of product samples or tasting; • ii) the handing out of free gifts (e.g. trays, glasses, etc); • iii) competitions with prizes and discount coupons; • iv) combination offers
An image must not consist of anything other than especially moderate reproduction: i) of the product or its raw ingredients; ii) of an individual bottle or can; iii) the trademark or other equivalent distinctive mark for the product; iv) the image must also be neutral and not contain any representative elements, decoration or other elements which may create tangible associations. Content restrictions prior to 2003:
Sweden and pressure of Europe prior to 2003: In theory: Ban on alcohol ads on national AND on satellite TV In practice: Satellite channels broadcasted from abroad (Kanal 5, TV3, MTV) make use of looser British rules Source: MMS 2004
Sweden and pressure of Europe in 2003: • Swedish court overrules Swedish ban on alcohol ads in magazines: - Obstacle to the free movement of services within the EU; - Damage to trade was not in proportion with the protecting of public health (other efficient measures already taken: high alcohol taxes, state retail monopoly); - Court agreed that Swedish consumers already see alcohol ads in foreign magazines, TV channels and on the Internet.
Effect of Decision Court: • Alcohol Ads in Newspapers/Magazines is allowed; • Uncertainty about what is permitted in other media (see table); • Judgment can be used to attack other national bans; • The Swedish government participated on this development by revising the Alcohol Act in 2005. Source: MMS 2004
Revision Alcohol Act in January 2005: • Prohibition of Advertising alcoholic beverages >15% VOL (already in force in 2003); • People are not allowed to appear in ads; • Warning texts in ads are required; • Ads cannot target people under the age of 25.
Future developments: • From February 2008: Swedish rules more in line with EU standards: Swedish TV channel TV4 will be allowed to show as many commercials as satellite competitors (TV3/Kanal5); • More difficult to enforce Swedish rules restricting alcohol ads.