The Ministry of Health has submitted for hearing and public information the Draft Bill on the prevention of alcohol consumption and its effects on minors, which incorporates new restrictions on the advertising of alcoholic beverages.
Thus, this new regulation prohibits any direct, indirect or surreptitious form of advertising of alcoholic beverages or products pretending to be alcoholic beverages, including the trade name, company name, symbols or trademarks of the companies producing such beverages, directed at minors.
In addition, the image or voice of the following may not be used in advertising or commercial communications:
– under 21 years of age;
– over 21 years of age when presented in the guise of minors;
– people or characters, real or fictitious, whose public relevance or popularity is linked to the underage population;
– pregnant women, even if they have given their consent.
Regarding language, arguments, styles, typography or designs associated with the culture of minors may not be used, nor may alcoholic beverages be linked to improved physical performance, social or sexual success. Neither may ambiguous or misleading terms be used, which could easily confuse minors.
In addition to the prohibition in places where alcohol cannot be consumed, advertising cannot be placed on public roads or in places visible from them. However, advertising (limited to the trade name, company name and identifying marks or symbols of the producing companies) would be allowed on a public road provided that it is not located within 200 linear metres of access to areas frequented by minors such as education centres, health, social and socio-health service centres, parks and children’s playgrounds.
It also regulates the sale of alcohol to protect minors and places limitations on the display of alcoholic beverages.
Once the public hearing has been completed, the text must obtain reports from the other ministries, as well as from other institutions and bodies in the Administration with competences in the areas regulated in the bill, in order to begin its parliamentary processing.
Rubén Canales
Lawyer
