August 4, 2015

Peculiarities of beer advertising as alcohol beverage

On 1 July 2015, the Law of Ukraine in relation to changes in the Tax Code of Ukraine came into force placing beer under the category of alcohol beverages. Accordingly, there is a need to consider certain requirements and limitations of the current legislation of Ukraine in the area of beer advertising.

Under the current legislation on advertising, it is forbidden to advertise alcohol beverages, trademarks, service marks and other objects of intellectual property under which the alcohol beverages are produced:

  • on the radio and television from 6 am till 23 pm;
  • on the first and last pages of newspapers, on the magazines covers and other periodicals, in all periodicals for children and youth, on pages dedicated to children and youth of all periodicals;
  • in all printed media (except for specialized media);
  • by internal advertising means;
  • by external advertising means;
  • by way of promotional measures (except for special exhibitions of alcohol beverages).

Also, it is forbidden to distribute or sell any goods under trademarks, service marks and other objects of intellectual property under which the alcohol beverages are produced. That is, for example, prohibition of beer brand advertising on umbrellas, refrigerators, furniture in cafes, etc.

It is allowed to sponsor television and radio broadcasts, theatrical, concert, sports and other events under trademarks and service marks under which the alcohol beverages are produced.

Under the laws of Ukraine, the advertisers of alcohol beverages shall address not less than 5% of funds, which were used for advertising distribution of alcohol beverages in Ukraine, for manufacturing and distribution of social advertising on damage caused by alcohol abuse.

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