Advertising Code for non-alcoholic variants of Alcoholic beverages (RvAVA)

Advertising Code for non-alcoholic variants of Alcoholic beverages (RvAVA)

General provisions

 

Scope of application

Advertising Code for non-alcoholic variants of Alcoholic beverages (“RvAVA”, “Code”) 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. If an advertisement both advertises a non-alcoholic beverage and an alcoholic beverage, the Advertising Code for Alcoholic Beverages applies to that entire advertisement.

 

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.

Non-alcoholic variant of alcoholic beverage: A beverage intended for human consumption, not being an alcoholic beverage, where reference is made to an alcoholic beverage through the name, brand, product design, and/or marketing of that alcoholic beverage;

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;

advertising/advertisement for non-alcoholic variant of alcoholic beverages: any public and/or systematic, direct or indirect recommendation of non-alcoholic beverages by an advertiser or entirely or partly on behalf of this advertiser, whether or not by means of any third parties. If an advertisement advertises both non-alcoholic beverages and an alcoholic beverages, the Advertising Code for Alcoholic Beverages applies to that entire advertisement. By advertising also services are meant;

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 – References to alcoholic beverages

Paragraph 1

In advertisements for a non-alcoholic variant of alcoholic beverage, no alcoholic beverages may be shown. The name of an alcoholic beverage may be mentioned only to the extent necessary to indicate that the advertised non-alcoholic variant of alcoholic beverage is a variant of the alcoholic beverage mentioned in the advertisement (e.g.: “non-alcoholic variant of [brand]”).

Paragraph 2

When showing the advertised product in advertising for an non-alcoholic variant of an alcoholic beverage, it must be immediately clear that that it is an advertisement for the non-alcoholic variant or that the product shown is the non-alcoholic variant of alcoholic beverage and not an alcoholic beverage.

Paragraph 3

Showing the general logo of a beverage brand or showing or mentioning the general brand name of a company that (also) markets alcoholic beverages, or the general name of an alcoholic beverage is only permitted if it is always made directly and unmistakably clear that it concerns an non-alcoholic variant of alcoholic beverages (e.g.: by using indications such as “0.0%”, “alcohol-free, alcholvrij”, “non-alcoholic”).

Paragraph 4

If an advertisement does not comply with paragraphs 1 to 3 of this Article, then the Advertising Code for Alcoholic Beverages applies to the entire advertisement.

 

Article 2 – Abstinence

Advertising messages for non-alcoholic beverages of 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.

 

Minors

 

Article 3 – Minors: not speficic aiming at minors

Advertising messages for alcoholic beverages shall not be aimed specifically at minors. More specifically the messages as described in the explanation of Article 3 are not permitted.

Explanation of Article 3

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 an advertising for a non-alcoholic variant of an alcoholic beverage, 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 an advertising for a non-alcoholic variant of an alcoholic beverage, 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 as far as these are specifically aimed at minors;
• using interactive (rolling) promotional displays in the context of an advertising for a non-alcoholic variant of an alcoholic beverage as far as these are specifically aimed at minors.

 

Article 4 – Minors: 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 4

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 5 – Minors: maturity

Advertising messages for non-alcoholic variants of alcoholic beverages may not suggest that the consumption of non-alcoholic variants of alcoholic beverages alcoholic beverage is a sign of maturity and that abstinence from the consumption (other) non-alcoholic variants of alcohol beverages is a sign of immaturity.

 

Article 6 – Minors: not reaching more than 25 % minors

No advertising of non-alcoholic variants 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 6 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.

 

Article 7 – Minors: the reach of radio and television

Advertising messages for non-alcoholic variants of 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 8 – Minors: 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 9 – 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 – 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 3 – 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 4 – 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 5 – 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 6 – 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).

 

Explanation of Article 23 Social media paragrahp 2 and 3

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 6

As soon as TikTok will have an age filter that functions well by general standards, the prohibition on advertising on TikTok under Article 9, Paragraph 6, will lapse.

 

Article 10 – Websites

Websites that function as a platform where advertising is used predominantly and for which the brand name or trade name of the non-alcoholic variant of an 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.

 

Article 11 – Catering industry and event promotions

Paragraph 1

The recommendation of non-alcoholic variants 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 non-alcoholic variants of alcoholic beverages free of charge, with the exception of sampling.

Paragraph 3

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

Paragraph 4

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

 

Article 12 – Outdoor advertising and advertising in cinemas

Paragraph 1

Advertising for non-alcoholic variants of 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 non-alcoholic variants of 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.lid 1.
Reclame voor een alcoholvrije variant van alcoholhoudende drank is niet toegestaan op billboards, swanks, Abri’s en Mupi’s die zijn geplaatst in het zicht van ontwenningsklinieken of basisscholen, middelbare scholen, mbo’s en daarnaast andere onderwijsinstellingen die in meerderheid door minderjarigen worden bezocht.

 

Article 13 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 a non-alcoholic variant of an 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.

 

SPECIAL REGULATIONS FOR NON-ALCOHOLIC BEVERAGES CONTAINING BETWEEN 0.1% AND 0.5% ALCOHOL BY VOLUME

 

Article 14 – pregnant women

Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% shall not be aimed specifically at pregnant women.

 

Article 15 – Traffic

Paragraph 1

Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% 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 non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% are 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.

Paragraph 3

Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% may not be placed along motorways or other roads outside built-up areas.

 

Entry into force

This code takes effect from 1 April 2024 and will be evaluated 18 months after its has come into force.