Advertising Code for Alcoholic Beverages 2024

Advertising Code for Alcoholic Beverages 2024

GENERAL PROVISIONS

 

Scope of application

The Advertising Code for Alcoholic beverages (RvA) applies to advertising for alcoholic beverages and non-alcoholic beverages, insofar as it is recommended to be used in combination with alcoholic beverages. This Code applies to all advertising that is intended for the Netherlands.

 

Definitions

In this Code, the following definitions apply:

promotional advertising: an advertising for an alcoholic beverage where the recommendation mainly relates to the conditions regarding provision to the consumer, such as price, duration of the promotional period, etc.;

active internet marketing: advertising messages which are actively distributed or made possible by the advertiser, completely or partly for his own benefit, on and/or through the internet. By active internet marketing we mean, among other things:

• the active sending of advertising messages by the advertiser through the internet, to selected receivers;
• advertising messages on or through an internet platform, among which a social media platform, by the advertiser, as well as advertising messages by a third party, completely or partly for the benefit of the advertiser, as far as this concerns an internet platform where the advertiser can to some extent determine or influence the showing or the content of the message.

alcoholic beverage: a beverage that contains more than a half (0.5) percent of alcohol by volume (abv) at a temperature of twenty degrees Celsius;

the industry: the part of the business community that is involved in the production, import, distribution, sale and provision of alcoholic beverages;

catering promotions: promotions in catering establishments, at events or parties, where a promotion team (whether or not dressed in the look & feel of the brand) on behalf of the producer or importer enables the attending public to become acquainted with one of the brand products of the producer or importer;

influencer: someone who exerts influence on a specific target group through social media. For example, a distributor can be an influencer;

interactive action displays: a display in which a dialogue is created with elements of the display by pressing buttons or other forms of communication. An example of this could be a screen on which a bartender gives tips about products containing alcoholic beverages to the display operator based on the information he or she entered;

broadcasting station for youngsters: a broadcasting station of which more than 25% of the total viewing and listening audience is minors. The determination of the percentage of minors in the watching and listening audience is based on the weighted average of the viewing and listening figures, as compared to the entire programme selection of a certain broadcasting station. The percentage shall be measured by a generally accepted viewing and listening survey. Each year the industry determines, on the basis of research by an independent agency, which broadcasting networks are to be designated as broadcasting stations for youngsters;

minors: persons under the age of 18 years;

under-the-cap action: an action organised by the advertiser where consumers come into possession of win codes or similar codes by opening a non-reclosable packaging (bottles with crown caps, cans), by which they can take part in winning prices;

premium: a gift article bearing the brand name and/or the logo of an alcoholic beverage that the consumer receives with the purchase of alcoholic beverage in the retail or catering channel or which the consumer receives as part of a catering promotion;

printed advertising messages: advertisements in newspapers, magazines, on posters and flyers including billboards, swanks, bus shelters and illuminated street advertising columns in which an alcoholic beverage, brand or producer is the central point of attention;

tasting in a liquor store: the occasion where, in accordance with the conditions drawn up for this purpose, as described in the explanation with Article 26, an alcoholic beverage is offered free of charge at the request of the consumer for consumption on site at the liquor store.

advertising for alcoholic beverages: any public and/or systematic, direct or indirect recommendation of alcoholic beverages and of non-alcoholic beverages as far as these are recommended for consumption together with alcoholic beverages by an advertiser or entirely or partly on behalf of this advertiser, whether or not by means of any third parties. By advertising we also mean services;

relevant relationship: the relationship between the Advertiser and the Distributor aimed at distributing advertising via social media, for payment or any other benefit, which can influence the credibility of the advertising through social media;

sampling: the occasion where, on the initiative of a member of the industry, in accordance with the conditions drawn up for this purpose as described in the explanation of Article 27, an alcoholic beverage is offered to the consumer for free for consumption on the spot at a fair, during a catering or event promotion or at another location that complies with the applicable legal requirements;

sponsoring: financial support by a member of the industry;

trade fair: an occasion where alcoholic beverages are brought under the attention of, predominantly, professional suppliers, by a member of the industry in a Business-to-Business (B2B) setting;

distributor: the person who has a relevant relationship with the advertiser and distributes advertising via social media. A distributor can be a natural or legal person. By distributor we do not mean an administrator of social networking sites and forums who facilitates communication between participants and takes a content-neutral approach. An example of a distributor is an influencer.

 

General

Article 1 Quantity

Since the irresponsible consumption of alcoholic beverages can cause problems, restraint shall be exercised in all advertising messages for such beverages. Advertisements of alcoholic beverages shall not show, suggest, nor stimulate any excessive or otherwise irresponsible consumption.

 

Explanation of Article 1

Excessive or otherwise irresponsible consumption is in any case (this list is not exhaustive):

• the visible drinking of a full glass at one draught
• showing a glass which is at least twice as big as the standard glass (A standard glass of beer contains 250 ml, of wine 100 ml and of liquor 35 ml) for the category of that respective alcoholic beverage
• showing a disproportionate packaging, for example a bucket or similar object, where consumption by several people is shown, suggested or stimulated (for example by means of straws). Showing a pitcher is exclusively permitted in the context that the pitcher is poured into several glasses. Showing large packages such as a crate of beer or a large (magnum) bottle of wine/champagne is in principle permitted, unless it is obvious that the contents of these packages will only be consumed by one person.

Honors at sports events, for example, where a magnum bottle of champagne, wine or beer is used, are permitted. However, in this setting it should be abundantly clear that these magnums are intended to be used at the moment of celebration of a sports achievement and are aimed at the spectator and not at the consumption of the athlete. It is not permitted to use a disproportionate glass of beer, wine or spirits during a ceremony, because this could suggest that the athlete in question will/may drink it.

A so-called ‘under-the-cap action’ is not permitted, unless the following conditions are met:

1. Consumers cannot only take part by opening a non-reclosable packaging (bottles with crown caps, tabs of cans), but also by means of an alternative way and this is communicated clearly (such as visiting a web site, etc.)

2. The alternative way to take part mentioned in paragraph 1 is in reasonable relation to taking part by means of purchasing and opening alcoholic beverages with non-reclosable packagings.

 

Article 2 Abstinence

Advertising messages for alcoholic beverages may not portray abstinence of alcohol consumption or moderate alcohol consumption negatively, nor may the advertising of alcoholic beverages be contrasted favourably against any non-alcoholic beverage.

 

Article 3 Alcoholic nature

Paragraph 1
Advertising messages for alcoholic beverages may not arouse any confusion concerning the alcoholic nature and the alcohol percentage of the alcoholic beverage.

Paragraph 2
Advertising messages for an alcoholic beverage, including the brand name, generic name and the packaging, may not arouse the impression that the beverage in question is a soft drink, lemonade or other type of non-alcoholic beverage.

 

Article 4 Alcoholic content
Advertising messages for alcoholic beverages may not suggest that the alcoholic content is in itself a positive property. Nor may it be implied that risks are eliminated the lower the alcoholic percentage.

 

Article 5 Good taste and/or decency

Advertising messages for alcoholic beverages may not be at variance with good taste, decency, or detract from human dignity and integrity.

 

Article 6 Claims
Advertising messages for alcoholic beverages may not:

Paragraph 1
Refer to the disinhibiting effects of alcoholic beverages, such as the reduction or elimination of feelings of anxiety and inner or social conflicts.

Paragraph 2
Refer to the possible health benefits of drinking alcoholic beverages. However it is permitted to only make a factual statement or to make a factual comparison with regard to any relevant ingredients and/or nutrients and/or the number of kcal compared to other (alcoholic) drinks or other food products, if the requirements of comparative advertisement are complied with.

Paragraph 3
Suggest that the consumption of alcoholic beverages improves physical or mental performance.

Paragraph 4
Suggest that the consumption of alcoholic beverages positively influences sports performance.

 

Article 7 Professional performance
Advertising messages for alcoholic beverages may not suggest that the consumption of alcoholic beverages enhances professional performance.

 

Explanation of Article 7
It is not allowed to show people drinking alcoholic beverages in the workplace or if there is a direct link with the workplace. If the setting has to be that of a work environment, it should be clear that it is the end of the working day. However, an indirect link is allowed, for example if one drinks an alcoholic beverage at the end of the working day in another room of the work environment – in a canteen or recreation space.

 

Article 8 Social and/or sexual success
Advertising messages for alcoholic beverages may not arouse the impression that there is a causal connection between the consumption of alcoholic beverages and being socially and sexually successful. The impression that this causal connection exists can also arise by means of the suggestion that alcohol is consumed without really portraying the alcohol (consumption).
More specifically the messages as described in the Explanation of Article 8 are not permitted (this list is not exhaustive).

 

Explanation of Article 8

Social success

• messages in which one or several people are portrayed in a ‘before’ versus ‘after’ situation, where in the ‘before’ situation one or several people evidently fail in social and/or interpersonal skills and after the consumption of an alcoholic beverage in the ‘after’ situation dispose of social and/or interpersonal skills;
• messages in which someone gets a job or a promotion at his/her work as a result of alcohol (consumption);
• messages in which someone evidently obtains more social status as a direct result of alcohol (consumption).

Sexual success

• messages in which a situation in a bar or club or at a party is shown in which other people are only willing to dance with the central figure in the message after he/she has drunk an alcoholic beverage (and who evidently did not want to do this before that time);
• messages in which people are portrayed in a ‘before’ versus ‘after’ situation in which the successful picking up of someone in a catering facility or getting into a sexual relationship is portrayed, as a direct result of alcohol (consumption);
• messages in which a person takes off his/her clothes, takes up a more provocative position or evidently makes him-/herself sexually available with regard to either another person in the message, or the viewer, where it is abundantly clear that this is the result of alcohol (consumption);
• messages in which a man completely takes off his clothes or has someone else take them off completely or is completely naked (even if this is not evidently the result of alcohol (consumption));
• messages in which a woman takes off her clothes or has someone else take off her clothes until she is topless or completely naked, or messages in which she is topless or naked (even if this is not evidently the result of alcohol (consumption)).

NB: showing one or several people who are (already) sexually or socially successful is in itself not in conflict with Article 8 of the Advertising Code for Alcoholic Beverages (RvA).

 

Article 9 Pregnant women
Advertising messages for alcoholic beverages shall not be aimed specifically at pregnant women.

 

Article 10 Minors
Advertising messages for alcoholic beverages shall not be aimed specifically at minors. More specifically the messages as described in the explanation of Article 10 are not permitted.

 

Explanation of Article 10

Forbidden advertising messages within the scope of Article 10 of the Advertising Code for Alcoholic Beverages (RvA) are particularly (this list is not exhaustive):

• messages in which teenage idols are used;
• messages/promotions in which promotional items are used (such as little dolls, cuddly toys, toy cars, games, stickers, buttons, soccer cards, beach toys or school-related articles) as far as these are specifically aimed at minors;
• music that can be downloaded for free, specifically aimed at teenagers;
• messages in which music is used that is specifically aimed at teenagers;
• messages in which the specific language of young people is used;
• messages that make use of situations that refer to teenage behaviour: puberty, adolescent infatuation, school parties, examinations;
• messages in which Sinterklaas or Santa Claus is used as far as these are specifically aimed at minors;
• messages that make use of any style that at that moment is fashionable amongst minors;
• messages using names and/or images of zoos or amusement parks;
• activations in which – directly linked to the sale of alcoholic beverages – entrance tickets or other items are given away from zoos or amusement parks;
• offering premiums to minors during catering promotions;
• replicating sports stadiums by means of alcoholic beverage packagings in the context of alcohol advertising;
• in the context of alcohol advertising, building an arch of honour by means of packagings of alcoholic beverages at the entrance of a sales point for alcoholic beverages, under which every visitor who enters this sales point must pass;
• in the context of alcohol advertising, using promotional displays with flashing illuminated elements, except insofar as these have a function in the context of providing information to consumers in the context of consumers making a purchasing decision;
• using interactive (rolling) promotional displays in the context of alcohol advertising.

 

Article 11 Portrayed people
Advertising messages for alcoholic beverages may not show any persons who are:

• younger than 18 years old or
• clearly look younger than 18 years old.

Advertising messages in which one makes use of staged situations with scripts and models that are hired by or by order of the advertiser, may not show any persons who are:

• younger than 25 years old or
• clearly look younger than 25 years old.

The use of a (well-known) person, such as influencers, artists, musicians etc. on the initiative and with financial compensation from the advertiser in advertising messages, even if this happens via platforms over which the advertiser has no (editorial) control, other than activations in the context of corporate social responsibility, is not permitted if this person:

• is younger than 25 years old or
• clearly looks younger than 25 years old.

 

Explanation of Article 11
Facebook and other (social network) sites with photos in which persons are portrayed who have not been hired by the advertiser and where the content of the site is managed by or on behalf of the advertiser and where the advertiser has editorial control, may not show any persons who are younger than or clearly look younger than 18 years old.

Images of events sponsored by brands of alcoholic beverages, where people under the age of 18 are shown in an active way (for example at football matches and concerts), may be shown provided that these underage influencers, musicians and/or artists are not actively deployed in the context of the promotion of alcoholic drinks.

 

Article 12 Maturity
Advertising messages for alcoholic beverages may not suggest that the consumption of alcoholic beverage is a sign of maturity and that abstinence from alcohol consumption is a sign of immaturity.

 

Article 13 Risky situations
Advertising messages for alcoholic beverages may not show situations that incite risky, violent or aggressive behaviour or that encourage this behaviour.

 

Explanation of Article 13
Messages may, to a certain extent, show risky behaviour, provided that this risk is reasonably limited and the advertising message does not incite to imitate this risky behaviour.

Nothing in the advertising message (words, actions, images) may associate drinking with dangerous behaviour or may encourage such behaviour.

 

Article 14 Drugs
Advertising messages for alcoholic beverages may not show any acceptation of, association with, or reference to illegal drugs.

 

Article 15 Events: public order
Advertising messages for alcoholic beverages in connection with events is not permitted, if it may reasonably be suspected that this will encourage disruption of the public order and/or disruption of the event concerned.

 

Article 16 Events: risk of physical injury
Advertising messages for alcoholic beverages in connection with events is not permitted, if it may reasonably be expected that this may create the risk of physical injury for participants and/or spectators.

 

Article 17 Traffic

Paragraph 1
Advertising messages for alcoholic beverages may not establish a connection between the consumption of alcoholic beverages and active participation in traffic using a vehicle of any kind.

Paragraph 2
If a recommendation of alcoholic beverages is shown on a vehicle, then the vehicle shall also bear a clearly legible warning against active participation in traffic after the use of alcohol. Exceptions are vehicles used for the transportation of alcoholic beverages, such as trucks, vehicles for technical services of the hospitality and catering industry.

 

Article 18 Sports and event sponsorship

paragraph 1
The linkage of a brand name of an alcoholic beverage to an event is permitted.

paragraph 2
It is permitted to show the sponsorship on physical advertising materials in the framework of events, provided that the rules of Articles 10, 15, 16, 20 and 29 are complied with.

paragraph 3
It is permitted to advertise through physical advertising materials in the framework of events, provided that Articles 10, 15, 16, 20 and 29 are complied with.

paragraph 4
With regard to the content of the advertising messages that are used in paragraphs 1 up to 3, it applies that in case of sports and events sponsorship all rules of this Code are applicable.

 

Explanation of Article 18
Events where, in addition to adults, people under the age of 18 are also active (such as football matches and concerts) may in principle be sponsored, as long as these minors, such as influencers, musicians and artists, are not actively used in the context of promoting alcoholic beverages.

 

Article 19 Free supply

Paragraph 1

Except in the case of tasting sessions in liquor stores or sampling during catering promotions, advertising in which alcoholic beverages are offered free of charge to private individuals by a member of the industry or with the active co-operation of a member of the industry is not permitted.

Paragraph 2

The value of a premium offered may not be more than half of the total value of the purchased product including the purchased premium.

 

Explanation of Article 19
It is not allowed to use the word ‘free’ or synonyms thereof (such as ‘present’ or ‘treat’) in communications.
It also holds for grocery packages and rewards in competitions and/or promotions that no alcoholic beverages may be given away, even though the word ‘free’ or a synonym thereof is not used in the message.

 

Article 20 The reach of events
No advertising of alcoholic beverages in any form may reach a public that consists of more than twenty-five percent (25%) of minors. The reach is determined over a representative measuring period that is determined on the basis of the concrete circumstances of the case (among other its location, medium, impact, proportionality) and by means of reach figures that are as objective as possible.

The standard for determining the reach of advertising messages is the generally accepted survey for this purpose in the market and, in case not available, any other valid and representative evidence.

In case of events, the attendance figures are the standard for determining the reach of advertising messages. The burden of proof regarding the reach of advertising messages falls on the advertiser, who has to base his figures on generally accepted viewer or listener ratings in the market or any other valid and representative evidence. As far as web sites and their subpages are concerned, one should make a reasonable case for using user profiles.

Article 20 is not applicable to advertising messages that are part of the regular street scene and to incidental situations on which the advertiser has no influence. Regular street scene means all those situations that you may reasonably expect in the street scene which are also in accordance with this Code, such as light boxes with the brand name and/or logo of the brands that are on draft or served in the front of cafes and/or restaurants and abri’s. Incidental situations are situations with a single character, like the entry of Sinterklaas/Santa Claus in a part of the town or a village. Another example is a situation where a promotion team moves from one catering establishment to another without actively advertising and happens to encounter a group of minors.

 

Explanation of Article 20
More particularly, messages that are part of the regular street scene are considered to be (not exhaustive): messages where the brand name and/or logo is shown beer mats, tap button, sunshades, flags, clothes of the barkeeper and banners that you may reasonably expect at a distribution point or mobile tap during events or fairs for the identification of the product and brand.

 

Article 21 The reach of radio and television
Advertising messages for alcoholic beverages may not be broadcast on radio and television immediately before, during, or directly after programs that, according to viewer or listener rating figures generally accepted in the market, are listened to or viewed by more than twenty-five percent (25%) minors.

 

Article 22 Youth channels

paragraph 1
Broadcasting stations for youngsters may not advertise for alcoholic beverages.

paragraph 2
Magazines that are specifically aimed at minors may not advertise for alcoholic beverages.

paragraph 3
Internet sites that are specifically aimed at minors may not advertise for alcoholic beverages.

Annually, STIVA (Dutch Foundation for the Responsible consumption of Alcohol) asks an independent agency to determine which television and radio stations are regarded as youth broadcasting stations and issues a press release on this. Events organized by these channels are also prohibited from advertising alcoholic beverages.

 

Article 23 Social media

Paragraph 1 – Additional effect
In addition to that which has been determined in the Dutch Advertising Code, the special Advertising code for Social Media & Influencer Marketing (RSM) and in the Media law (Dutch: Mediawet), the rules of this Article apply for active internet marketing.

Paragraph 2 – Age mentioning in screen advertising through the internet
In advertising messages from the advertiser which

i) consist in whole or partly of (any moving) images and

ii) which are intended for distribution through the internet, whether or not by the advertiser,
the image should, in a clearly visible and readable way, mention the logo ‘NIX18’ such as stated in Article 32, paragraph 2. An exception to this, for influencers, with regard to its display, is stated in Article 32, paragraph 5.

Paragraph 3 – Messages on an internet platform under control of the advertiser & influencer marketing
a) Advertising messages posted on an internet platform over which the advertiser has some degree of control and/or that are distributed by a third person with whom the advertiser has a relevant relationship in the sense if the Advertising code Social Media & Influencer Marketing (RSM), should comply with the Dutch Advertising Code and the RSM, irrespective of who posts the advertising message. When a complaint is acknowledged, the Advertising Code Committee and, on appeal, the Board of Appeal can designate the party to which
non-compliance with this Code is attributable.

b) The advertiser and distributor are both responsible for compliance with the RSM, whereby the advertiser has an active best-effort obligation. In addition, the advertiser has the duty of care stated in Article 6 of the RSM.

c) For advertising placed on an internet platform over which the advertiser has some degree of control and/or which is distributed by a third person with whom the advertiser has a relevant relationship in the sense of the Advertising code Social Media & Influencer Marketing (RSM), one should use an 18+ age filter when available on the designated platform. This requirement applies to both organic content and to advertisements. Platforms with an age filter are at least YouTube, Instagram, Facebook and X (formerly called Twitter).

d) If third-party content (e.g. comments, likes, etc) is placed on the aforementioned internet platform, where no age filter is available, then:

i) the advertiser – in addition to the obligations under paragraph 3 sub a – should also have ensured that the person who wishes to post the comments is at least 18 years old, or

ii) this person must have declared that he or she is at least 18 years old.

e ) In case a declaration such as mentioned under paragraph 3d under ii) and/or in case of any reasonable doubt whether the person is at least 18 years old, the advertiser shall see to it that this person cannot post any reactions.

In case there is no selection or admission control possible for a certain internet platform, the advertiser should mention on a clearly visible and easily readable spot that the content of and posting on that internet platform is exclusively intended for persons of 18 years and older.

Paragraph 4 – Messages distributed by the advertiser
In case of active internet marketing, where the receiving party can be selected such as with, but not limited to, advertising messages through email or advertising on the basis of digital profiles that are linked to a cookie, the following should be adhered to:

a minimum age of 18 years must be used as effective selection criterion, or another suchlike selection criterion from which this minimum age follows.

Paragraph 5 – responding to social media accounts of third parties
Before making advertising comprised of placing or responding to a communication on a social media account other than that of the advertiser, the advertiser must have ascertained that the owner of that social media account is at least 18 years old. If this has not proven to be the case or if it is impossible to check his or her age, placing a comment or message by the advertiser is prohibited.

Paragraph 6– Distributors (including influencers)
Advertising that consists of the distribution of advertisements for alcoholic beverages by a natural or legal person (Distributor) who has a relevant relationship with an advertiser in the context of distributing that advertisement must comply with all articles of the Advertising Code for Alcoholic Beverages.

Distributors who have a relevant relationship with an advertiser should be at least 25 years old and should also look 25 years old.

Advertising made through distributors must include the hashtag #Ad, #advertisement or other statement in accordance with the Explanation of Article 3 of the RSM.

Paragraph 7 – TikTok
It is not permitted to advertise alcoholic beverages on the TikTok platform. The advertiser is also not permitted to distribute advertising or have advertisements distributed for alcoholic beverages on TikTok by a Distributor who has a relevant relationship with the advertiser (see Article 23, paragraph 6, with the obligation to comply with, among other, the RvA and thus the prohibition of advertising aimed at minors).

Paragraph 8 – opt out option
Advertisers must cooperate with social media platforms’ ability to work with an ‘opt-out’ option. This opt-out option means that adults, who, for whatever reason, do not want to receive alcohol advertising through their social media accounts, can indicate this and will therefore no longer receive content from advertisers.

 

Explanation of Article 23 Social media

The “liking” by the advertiser on any post, status, photograph or other communication by third parties or “reposting” is prohibited, unless the advertiser can demonstrate that the owner of the relevant social media account is at least 18 years old. This is for example the case if it concerns an official account of a company or a well-known natural person. If a natural person is involved who is not well-known, the advertiser must, prior to posting the message or comment, have made it reasonably plausible that it concerns a person who is 18 years or older via the information on his/her profile page.

Please note: the rules based on legislation and regulations within the context of privacy and the protection of personal data (as currently laid down in the Personal Data Protection Act, the Telecommunications Act and the Distribution of Advertising by e-mail Code), apply as well, including the consent requirement, drawing attention to and providing the option of unsubscribing, and the information obligations, to the extent applicable.
Explanation of paragraph 7: As soon as TikTok will have an age filter that functions well by general standards, the prohibition on advertising on TikTok under Article 23, paragraph 7, will lapse.

 

Article 24 Websites

Paragraph 1

Websites that function as a platform where advertising is used predominantly and for which the brand name or trade name of the alcoholic beverage is part of the domain name, shall ask their visitors at their homepage or preceding to the first page of the website that is visited, by means of an age check, whether they have reached the age of 18 years. The age check should at least consist of the year of birth of the visitor. If the entered year of birth does not provide a definitive answer as to whether the person who entered it is 17 or 18 years old, the day and month of birth must also be entered.

It is also permitted to perform age verification by making visitors log in through a social media account or other digital platform. The condition is that these platforms must use an adequate form of registration of the date of birth.

Paragraph 2

For websites that function as a sales platform where alcoholic beverages are sold predominantly, a statement must be included at a location on the website to be determined by the advertiser, that the content of the website is not intended for young people, younger than 18, or other words to this effect. This statement must be placed in a logical/relevant location on the website and must be clearly readable.

Paragraph 3

The above-mentioned rules do not apply to websites that function as a sales platform for a wide range of food products and that also sell alcoholic beverages.

 

Explanation of Article 24
The statement may be in the form of a text or in the form of a pictogram that conveys the message clearly enough. It is also permitted to create the statement in the form of a pop-up or (temporary) banner. In that case, this pop-up or banner must be visible for at least 5 seconds. When assessing complaints about whether or not it is stated that the content is not intended for young people, that is younger than 18 years old, the efforts that the advertiser makes (or has made) to tailor its business operations to the scope of this notification will be taken into account.

 

Article 25 Catering industry and event promotions

paragraph 1

The recommendation of alcoholic beverages by catering promotion teams may not be aimed at minors. The recommendation of alcoholic beverages by catering promotion teams is also not permitted in places where over more than twenty-five percent (25%) of the audience consists of minors at that point in time.

paragraph 2

During catering industry promotions it is not permitted to offer alcoholic beverages free of charge, with the exception of sampling.

paragraph 3

During catering industry promotions it is not permitted to sell alcoholic beverages at less than half of the normal retail price. In addition, no more than one drink per customer may be offered at a discount per promotion.

paragraph 4

During catering industry promotions it is permitted to organize a sampling.

paragraph 5

Catering industry promotions shall be carried out by persons of 18 years or older.

 

Explanation of Article 25

if a catering industry promotion consists of a sampling, then:

• this sampling may exclusively be held in a catering establishment that has a liquor and catering license or at events which are exempt from the liquor license within the scope of Article 35 of the Drinks and Catering Act. It is not permitted to sample strong alcoholic beverages at events where there is only an exemption in the context of Article 35 of the Alcohol Act. However, sampling is permitted at events with a regular Liquor and Catering Permit.
• only portion sizes of 2cl for spirits, 5cl for wine and 7,5cl for beer, cider and hard seltzer are used. It is permitted to supplement these quantities with non-alcoholic drinks, for example in the form of a post mix;
• a maximum of 1 unit of one brand of alcoholic beverage may be tasted per person per sampling. This also applies when multiple variants of a brand are promoted;
• all members of the promotion team, dressed in the look & feel of the alcohol brand if desired, should be at least 18 years old.

 

Article 26 Tasting in a liquor store

Paragraph 1

The tasting of alcoholic beverages in a liquor store is permitted in accordance with Article 25e of the Alcohol Act. In addition to the legal conditions, the conditions mentioned below in paragraphs 2 and 3 are applicable.

Paragraph 2

Promotional teams are explicitly not permitted to have consumers taste alcoholic beverages in a liquor store.

Paragraph 3

Promotional teams, if desired dressed in the look & feel of the alcohol brand, may – if the relevant liquor store grants permission for this – be present in a liquor store to provide product information and to bring the tasting under the attention. These promotions shall be carried out by persons of 18 years or older.

 

Article 27 Outdoor advertising and advertising in cinemas

paragraph 1

Advertising for alcoholic beverages is not permitted on billboards, swanks, bus shelters and illuminated street advertising columns that are placed in view of alcohol rehabilitation centres or primary schools, secondary schools, centres for intermediate vocational education and other educational institutions that are attended primarily by minors, neither when these are placed along motorways or other roads outside built-up areas.

paragraph 2

Advertising messages for alcoholic beverages may not be shown in cinemas before children’s films, family films dubbed in Dutch and before children’s matinee films and school performances. As to other films, advertisements for alcoholic beverages may only be shown if no more than 25% of the audience consists of minors.

 

Article 28 Exhibitions and guided tours

Visiting an exhibition or taking a guided tour in a brewery, distillery or winegrowing company is not permitted to persons under the age of 18, except if:

• they are accompanied by an adult during the visit;
• the exhibition or guided tour is predominantly aimed at the production process and/or workmanship and/or the connectedness with a city or region and focuses less on the recommendation of a certain brand of alcoholic beverage;
• the on-the-spot consumption of alcoholic beverages should always take place in a space which is physically separated from the exhibition space or from spaces that are part of the guided tour, with the exception of tasting intermediary and/or end products of the brewing/distillation/fermentation process in small quantities and by way of explanation. All applicable laws and regulations, among which in particular those with regard to the age limits for providing alcoholic beverages, shall be complied with.

 

Article 29 Sports

Paragraph 1

Advertising messages for alcoholic beverages may not be displayed on an individual sportsman or sports team.

Paragraph 2

Advertising messages for alcoholic beverages may not be displayed on vehicles and/or attributes that are used by the sportsman or sports team in their active practice of sports.

Paragraph 3

Athletes who practice their sports professionally shall not be hired by or on behalf of an advertiser for radio, cinema and television commercials, neither for printed messages or social media posts with or without images and/or videos. It is not permitted either to portray such athletes on packaging and/or labels.

Paragraph 4

The following is permitted with regard to athletes who practice their sports professionally:

• to interview them in a journalistic setting with the logo or brand name of an advertiser visible on screen;
• to let these athletes participate in a public celebration, made possible by an advertiser in a physical environment in which messages such as the logo and brand name of that advertiser are also visible; and
• to register this ceremony and distribute images thereof (or to have them distributed) via an (online) platform.

Paragraph 5

Communications with athletes who practice their sports professionally may not contain a direct promotion of an alcoholic beverage.

Paragraph 6

Athletes interviewed or honoured in communications must be 18 years or older.

Paragraph 7

Advertising for alcoholic beverages shall not portray any active sporting activities on packaging of alcoholic beverages.

Paragraph 8

It is permitted to portray active sports practice in advertising messages, but exclusively to portray the context of celebrating the performance afterwards.

Paragraph 9

At sports competitions involving athletes who practice their sports professionally, it is permitted to display alcohol advertising messages on the boarding, provided that Article 20 is complied with.

Paragraph 10

During amateur competitions it is not permitted to show alcohol advertising messages on the boarding.

 

Article 30 Fairs
During a trade fair exhibitors are allowed to make buyers acquainted with their products. The conditions stated in the Explanation of Article 25 do not apply here.

 

Article 31 Tap installations
Members of the industry are not permitted to provide professional tap installations free of charge of for a symbolic fee at shows, events and festivities.

 

Article 32 The ‘NIX18’ logo and slogan

paragraph 1

Every advertising message for an alcoholic beverage should show the ‘NIX18’ logo on screen. This logo can be used in combination with ‘Geniet, maar drink met mate’ (English: Enjoy, but please drink responsibly).

paragraph 2

For advertising messages for alcoholic beverages that are broadcasted on television, in cinemas and theatres, it holds that the screen shall in any case contain the – clearly readable – ‘NIX18’ logo.

paragraph 3

For all printed advertising as well as for commercials for alcoholic beverages on websites and social networking sites (including social media) – even if that advertising is distributed by a third person with whom the advertiser has a relevant relationship – each expression must in any case be provided with the ‘NIX18’ logo as mentioned in paragraph 2. Exceptions are expressions portrayed on the internet that are no longer part of a current campaign. For promotional advertising in the retail channel another logo/slogan than the ‘NIX18’ logo referred to in paragraph 2 may be used. Before using another slogan for the first time, permission must be obtained from the Retail Code Contact Person and STIVA.

paragraph 4

All advertising messages for alcoholic beverages in banner form should at least be provided with the ‘NIX18’ logo such as mentioned in paragraph 2. This does not apply to banners equal to or smaller than 120 pixels wide and 60 pixels high.

paragraph 5

In case of advertising alcoholic beverages, the image/screen must contain the ‘NIX18’ logo. For influencers and influencer marketing, when distributing via social media, it is also permitted to add NIX18 or #NIX18 in the description and/or image, instead of adding the ‘NIX18’ logo to the image itself.

paragraph 6

Directives for showing the ‘NIX18’ logo for all forms of advertising mentioned in this article are included in the explanation of this Article.

 

Explanation of Article 32

Showing the ‘NIX18’ logo is obligatory in advertisements for alcoholic beverages on television, in cinemas, in printed advertisements and in commercials for alcoholic beverages on the internet.

Here the following guidelines apply:

Printed Communications

Type of Communications

The requirements for the use of the ‘NIX18’ logo and the slogan ‘Geniet, maar drink met mate’ apply to the following printed communications: advertising messages in newspapers, magazines, flyers and posters, and displays (including billboards, swanks, bus shelters and multi-purpose advertising installations) in which an alcoholic beverage, brand or producer is the central point of attention.

Slogan Format

Dependent on the dimensions of the communication (width x length/height). The ‘NIX18’ logo must cover at least 1.25% of the surface of the image size.

Slogan Position

The ‘NIX18’ logo must be placed sufficiently isolated as compared to the typeset body text and must be positioned horizontally, so that it draws sufficient attention.

Slogan Layout

The ‘NIX18’ logo must clearly contrast with the background colour, so that it draws sufficient attention, hereby making use, as much as possible, of positive (black) or negative (white) or another clear colour contrast that suits the ‘NIX18’ logo.

Television, Cinema and Internet Commercials (including Social Media)

Size of the logo

The ‘NIX18’ logo must cover at least 1.25% of the surface of the size of the screen.

Logo Duration

The ‘NIX18’ logo must be on screen for at least 10 seconds. Tag-ons and tag-forwards must also display the ‘NIX18’ logo for 10 seconds. If the commercial, tag-on or tag-forward is shorter than 10 seconds, the slogan must be displayed for the entire duration of the communication.

Slogan Position

The ‘NIX18’ logo must be placed sufficiently isolated as compared to the typeset body text and must be placed horizontally, so that it draws sufficient attention.

Slogan Layout

The ‘NIX18’ logo must clearly contrast with the background colour, so that it draws sufficient attention, hereby making use, as much as possible, of positive (black) or negative (white) or another clear colour contrast that suits the ‘NIX18’ logo.

Timing of the logo

The logo may not be displayed simultaneously with a pack-shot, disclaimer or pay-off. The logo must furthermore be placed sufficiently isolated as compared to the typeset body text, so that it draws sufficient attention.

Banners on the internet & internet marketing

Size of the slogan

The ‘NIX18’ logo must cover at least 1.25% of the surface of the image size.

Type of communications

The requirements for the use of the ‘NIX18’ logo apply to all types of banners and posts on social media. This does not apply to banners that are less than or equal to 120 pixels in width and 60 pixels in height.

Logo duration

In case of advertising videos or commercials the ‘NIX18’ logo must be on screen for at least 10 seconds. Tag-ons and tag-forwards must also display the ‘NIX18’ logo for 10 seconds. If the tag-on, tag-forward or advertisement is shorter than 10 seconds, then the slogan must be displayed for the entire duration of the communication.

Logo position

The ‘NIX18’ logo must be placed sufficiently isolated as compared to the typeset body text and must be placed horizontally, so that it draws sufficient attention.

Logo layout

The ‘NIX18’ logo must clearly contrast with the background colour, so that it draws sufficient attention, hereby making use, as much as possible, of positive (black) or negative (white) or another clear colour contrast that suits the ‘NIX18’ logo.

The ‘NIX18’ logo must be visible in the communication itself, adding the ‘NIX18’ logo to the description is not enough. An exception to this applies to influencers, as described in Article 32, paragraph 5.

The use of the ‘NIX18’ logo

The NIX18 logo: this logo can be downloaded (in various colours) from the STIVA website: (https://stiva.nl/download/980/?tmstv=1707822890)

 

Article 33 Retail and Catering Industry Alert

If the packaging of an alcoholic beverage has been found to violate the Advertising Code for Alcoholic Beverages by means of an irrevocable ruling of the (chairman of the) Advertising
Code Committee or the College van Beroep (Board of Appeal), STIVA will take the following consecutive measures:
1. Contact the manufacturer
2. Contact the importer (if applicable)
3. If the ruling is not complied with within 3 months, STIVA may issue a so-called ‘retail alert’. This means that STIVA will issue a warning to the relevant trade organizations of supermarkets, liquor stores and the catering industry that the relevant packaging is in conflict with the Advertising Code for Alcoholic Beverages.

 

Entry into force

The Advertising Code for Alcoholic Beverages has been in existence since 1979 and was last amended on April 1, 2024.

A transition period of 6 months applies to Articles 29 and 32. This period ends on October 1st, 2024.
This amended code will be evaluated 18 months after it has come into force.