Alcohol Marketing Regulations in Sweden

Restrictive national rules challenged by EU trade treaty

Overview July 2009

By Avalon de BruijnAdebruijn@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

Content restrictions prior to 2003:

• 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.

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

Share of alcohol adv. Minutes by channel in 2002

Discovery 0%

Eurosport -

Kanal5 24%

MTV 26%

TV3 29%

TV4 5%

ZTV 16%

Source: MMS 2004

Sweden and pressure of Europe prior to 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.

Sweden and pressure of Europe in 2003:

Share of alcohol adv.

Minutes by channel

in a year (%)

2002 2003

Discovery 0 0

Eurosport - 15

Kanal5 24 17

MTV 26 20

TV3 29 15

TV4 5 10

ZTV 16 22

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.