White paper and alcohol

The main proposals in relation to alcohol and advertising have in fact already been instigated by way of OFCOM, which has the statutory responsibility for the regulation of broadcast advertising, and has published its code amendments, aimed at significantly strengthening the rules in many areas, particularly to protect the under-18s.

Alcohol and advertising

The new rules were published on 1st November 2004 and came into force on 1st January 2005 and apply to all advertising campaigns conceived after that date. (There is a grace period allowed until 30th September 2005 for advertisers who have committed themselves to campaigns which may not comply with the revised rules). The requirements of the revised rules are that:

• Advertisements for alcoholic drinks on television must not be likely to appeal strongly to people under 18, in particular by reflecting or being associated with youth culture;
• Advertisements must not link alcohol with sexual activity or success or imply that alcohol can enhance attractiveness;
• Television advertising for alcoholic drinks must not show, imply, or refer to daring, toughness, aggression or unruly, irresponsible or anti-social behaviour; and
• Alcoholic drinks must be handled and served responsibly in television advertising.

Alcohol and voluntary social responsibility

The UK government has already introduced an “alcohol harm reduction strategy for England” which already included a social responsibility charter for drinks producers which proposed:

• New measures to ensure advertising does not promote or condone irresponsible or excessive drinking;
• Putting the “sensible drinking” message clearly on bottles alongside information about unit contents;
• Drinks companies pledging not to manufacture irresponsibly;
• A move to packaging products and safer materials;
• The industry contributing to a new fund to finance innovative schemes to address alcohol misuse at national and local levels.

As well as a new “code of good conduct” scheme for retailers, pubs and clubs, this code is run locally by partnership of the industry, police and licensing panels and led by the local authority, dealing with such issues as underage drinking, alcohol related health problems and alcohol related crime and disorder in town centres as well as the need to provide targeted education information for local schools about the dangers of alcohol misuse.

The White Paper further refers to a Voluntary Social Responsibility Scheme for alcohol producers and retailers to protect young people by:

• Placing information for the public on alcohol containers and in alcohol retailer outlets;
• Including remainders about responsible drinking on alcohol advertisements; and
• Checking identification and refusing to sell alcohol to people who are under 18.

Conclusion

The Voluntary Social Responsibility Scheme, with reference to reminders about responsible drinking on alcohol advertisements, whilst not prescriptive heralds the beginning of some sort of warning label on alcohol products. No European country has passed health warning label legislation for alcohol beverage containers but it would appear that some alcohol industries are already pre-empting future legislation. (In any event, this issue had already been raised via the “Alcohol Harm Reduction Strategy for England” earlier this year.)Nevertheless, the concern to implement effective self-regulation before actual legislation is imposed is acute, especially in light of the proposed smoking legislation due to insufficient progress voluntarily. This is a clear example of where industry fails to act decisively, regulation being imposed upon it. At least, in relation to corporate social responsibility issues, healthy eating and alcohol there is still room for voluntary compliance. The White Paper, although duplicating previous proposals in some areas and reviewing established aims and objectives, does mark a definite shift in government policy away from the laissez faire and towards the perceived social good. Whether or not its objectives are followed through with any conviction will be seen in the coming months.

BCAP: Broadcast Advertising of Alcohol

Already there are general prohibitions in both TV and Radio advertising rules that advertisements must not suggest that alcohol has therapeutic qualities.

BCAP is consulting to combine the rules for TV and Radio and also further restrict any nutritional claims for alcohol and prevent it from being advertised “in the context of health or fitness”.

This article first appeared in our Food industry law bulletin May 2005. To view this publication, please click here to open a new window.