Restrictions for the advertising of alcohol, a European point of view Helsinki, 11-09-2013
Regulation of marketing 2.
Eurobarometer 2010: More than ¾ of EU citizens agree that alcohol advertising targetting young people should be banned in all EU Member States 3.
AVMSD common minimum standards Member States can go further (art 3) Advertising restrictions = distortions of the internal market (quantitative restrictions on imports): they make it more difficult for new foreign products to break into the market. Prohibited under art 28 Treaty Exceptions can be justified on the grounds of public health protection. ECJ has been consistent since 1980 it is in fact undeniable that (alcohol) advertising acts as an encouragement to consumption and is therefore relevant to public health. To qualify policies cannot be a desguised restriction on trade and must be proportionate. Countries using this defence have the burden of proof to show that the policy can be justified on grounds of heatlh and that there is no less trade-restrictive alternative available. 4.
Regulating alcohol advertising In all MS a mixture of statutory and voluntary regulations 11 MS prohibit adverts of spirit on TV 16 MS have watersheds : no alcohol advertising allowed on television during certain hours. Loi Evin in France - no advertising on TV, only product info in printed media, no sponsorship Sweden - no advertising on national TV, adverts below 15 % in periodical publications Lithuania to introduce a total ban from......(1.1.2012)? Norway and Iceland as EEA have no advertising of alcohol on tv and only editorial information in printed press. Finland our next champion? 5.
Digital Media 6.
Sponsorship 2009-206 mln viewers 2011-8 mln viewers 7.
France has done it LOI EVIN 1. Passed in France in 1991 in order to control the advertising of alcohol and tobacco 2. Under Loi Evin all advertising of alcoholic drinks which is not expressly permitted (such as television advertising) is prohibited. 3. The Law puts an end to lifestyle advertising of alcohol: messages and images in alcohol ads should refer only to the qualities of the product such as degree, origin, composition and means of production. 4. European court of justice july 2004 case Bacardi /TV1-EC / France: the French ban constitutes a restriction on the freedom to provide services but it is justified by the of protecting public health 8.
EP report on the Implementation of the Audiovisual Media Services Directive Piotr Borys Group of the European People's Party (Christian Democrats) The main shortcomings of AVMSD raised by Eurocare were Ineffectiveness of self- regulatory approach Ineffectiveness of the alcohol industry in relation to alcohol marketing in the framework of the European Alcohol and Health Forum. 9.
Comparing Risks & Cost Tobacco Alcohol addicitive potential risk for user comparably high comparably high risk for 3rd persons high much higher #/persons at risk involved high even higher cost to economy and society appeal to young people and children high high possibly even higher even higher social acceptance declining high level of regulation fairly high lower 10.
Call for Action- Loi Evin in Europe No alcohol advertising on television and cinema No alcohol advertising on internet except at point of sale No alcohol sponsorship of cultural or sports events No alcohol advertising should be targeted at young people Maintain current regulation on product placement A complete removal of intrusive and interstitial marketing tools such as: social media, apps on mobile phones A complete removal of alcohol advertising outdoors and in public premises (i.e. Athletes shirts. Bus stops. Lorries etc) A complete removal of sales promotions such as Happy hours and Open Bars/Girls night ENFORCEMENT of existing regulations 11.
CALL FOR 88 NGOs ACTION 12.
Thank you for your attention Mariann Skar Secretary General 17, Rue Archimède 1000 Brussels, Belgium Tel+32 (0)2 736 05 72 GSM+32(0)474 830 041 Mariann.Skar@eurocare.org www.eurocare.org 13.