The recent bans in alcohol
advertising in Turkey
T
he Omnibus Law No. 6487 on
Amendment of Some Laws and the
Decree Law No 375 (‘the Omnibus
Law’) has been published in the
Official Gazette on 11 June 2013 and came
into force following its publication. It brought
some new provisions about consumption,
sale and advertising of alcoholic beverages
in Turkey. Some of the provisions in the
Omnibus Law entered into force after a
period of time – they are all in effect now.
Others took effect immediately. Besides, the
relevant amendment regulations depending
on the Omnibus Law have recently been
published.
For a better comparison, we would like to
illustrate the situation prior to 11 June 2013.
Before the Omnibus Law
Prior to the implementation of the Omnibus
Law, the sale and promotion of alcoholic
beverages via television, cable broadcasting,
radio and public broadcasting media
was prohibited. Namely, any campaign,
promotion, advertisement or presentations
promoting or encouraging the use and
sale of alcoholic beverages was prohibited.
In addition, advertisements for alcoholic
beverages could not target children and
young adults (defined as persons between the
ages of 15 and 24) and could not be affixed to
any sporting activities.
As for trademark use, the trademarks or
any other signs associated with alcoholic
Uğur Aktekin
Mehmet Gün &
Partners, Istanbul
[email protected]
Başak Gürbüz
Mehmet Gün &
Partners, Istanbul
[email protected]
THE RECENT BANS IN ALCOHOL ADVERTISING IN TURKEY
beverages could not be used in the
presentation and organisation of any event
that targets children and young adults.
The consumption of alcoholic beverages
could not be associated with any nutritional
benefits, or geographical, historical, cultural
and artistic places or values.
With regards to printed media and
online advertisements, alcoholic beverage
advertisements could not be placed in the
sections/pages aimed at children or teenagers
and also in the sports pages.
In case of advertisements for alcoholic
beverage being shown in cinemas, such
advertisements could only be broadcast at
the end of fi
classifi by the Ministry of
Culture and Tourism within the category of
‘+18’.
Under the previous framework, there were
various restrictions but they were moderate
if compared to the picture introduced by the
Omnibus Law and subsequent regulations.
Following the Omnibus Law and its
regulations
Every kind of advertisement, presentation,
campaign, promotion and activity which
encourages the consumption and sale of
alcoholic beverages is prohibited. Special
trade shows and scientific publications and
activities can continue for the international
promotion of alcohol.
The producers, exporters and marketers
of alcoholic beverages cannot use their
trademarks, symbols or the signs of their
products in any kind of activities and cannot
support these events and activities. Enterprises
which have the permission to serve alcohol
can only use trademarks, symbols and logos
on service related materials. In addition,
the producers, exporters and marketers
of alcoholic beverages, regardless of their
purpose, cannot provide alcoholic beverages
as a promotional item, whether as a gift or as a
complimentary item.
The promotion of alcoholic beverage
consumption in a television series or music
video clip is also prohibited.
Alcoholic beverages cannot be sold or
presented to people under 18 either for
consumption on site or for taking away.
People under 18 cannot be employed for the
production, marketing, sale or presentation
of the alcoholic beverages.
Alcoholic beverages cannot be sold via
automated machines; furthermore, any kind
of game machines, games or betting cannot
be related to alcohol. Those products cannot
be sold to the consumers through the press
and cannot be sold via post.
The Omnibus Law also sets out restriction
of hours of sale of alcoholic beverages.
Alcoholic beverages cannot be sold by retail
between the hours of 10.00 pm and 6.00 am.
Alcoholic beverages can be consumed in
open and licensed premises but cannot be
sold by the manufacturer out of its premises.
Except the ones to be exported, alcoholic
beverages should contain warning labels in
Turkish which mention the harmful effects
of the consumption of alcoholic beverages.
The messages can consist of pictures, shapes
or graphics.
The use the names, brands and other
distinctive elements of alcoholic beverages
on non-alcoholic and similar products is
forbidden. Similarly, the names, brands
and other distinctive elements of the nonalcoholic and similar products can also not be
used on alcoholic beverages. This rule shall
not apply for the products to be exported.
This is also known as the prohibition on
‘brand stretching’ which will severely affect
new players to the market.
Apart from the ones to be exported, for
non-alcoholic beverages that are produced by
processing alcoholic beverages, the amount
of alcohol should be written on the label. If
no alcohol amount remains, then this should
also be mentioned on the label in a way to be
easily seen by the consumers.
Finally, websites directed toward consumers
are no longer allowed; instead, websites may
only be directed toward authorised sellers and
their right of entry is possible only with an
access code.
What is currently permitted?
The permitted activities can be summarised
as follows:
• Special trade shows and scientific
publications and activities aimed
to promote alcoholic beverages
internationally. However, it is uncertain
from the regulations who is entitled to
decide whether a publication is scientific or
aimed at advertising of alcoholic beverages.
• International fairs – Permission should be
obtained from the Regulatory Council of
Tobacco and Alcohol Markets at least 30
days before the date of the event.
• Tasting events are allowed only in
international fairs and special trade
shows, and only for those who hold an
THE RECENT BANS IN ALCOHOL ADVERTISING IN TURKEY
international passport or have a sales
certificate or those who are the employees
of such people possessing a licence.
• Tasting events intended for persons
possessing a sales certificate, in workplaces
of importers and wholesalers and facilities
of manufacturers, as well as for their
assigned employees. This means tasting
events will not be allowed unless they are
organised for people working in the sector
(no tasting events for consumers).
• Presentation of alcoholic beverages within
the sale chain (to sector people) only with
the purpose of informing them about the
product without any advertising content.
However, no ad materials or displays within
or outside of sale points is allowed and even
the price list shall not contain any logo and
the font size on the labels shall not exceed
‘50’ font size.
Conclusion
The new regulations are extremely strict. The
new bans are no doubt unwelcome in the
sector especially by the alcoholic beverage
brand owners and retailers. There were
serious reactions against these bans in the
sector as they constituted a huge strain for the
alcoholic beverage market in Turkey.
For instance, the ban on using ad materials
or displays within or outside points of sale put
alcoholic beverage sellers into a very difficult
position. Likewise, the ban on tasting activities
for consumers also frustrates many marketing
tools both for the alcoholic beverage
producers and sellers.
By prohibiting the use of ‘brand stretching’,
the Turkish government took a very strict
measure that all trademark owners and new
trademark applicants – which means all
the newcomers to the market – should be
very careful about trademark creation and
registration in Turkey.
A comparative analysis of the laws in some
selected countries1 reveals that Turkey now
has the strictest restrictions in terms of
advertising and communications of alcoholic
beverages among these countries.
Notwithstanding, we should not overlook
that there are also some positive restrictions
in the Omnibus Law for protection of public
health; especially for young people and for
children. At least in that sense, the Omnibus
Law can also be regarded as a harmonisation
with most of the world’s alcohol regulations.
But on the other side, stricter regulations
have been passed this time for complete
adoption of responsible drinking principle
for all age ranges in the public and we believe
that there is an excessive interference by the
government both to consumers’ freedom of
choice and to free competition principle in
the relevant market.
We will continue to see the new reactions
in the sector in the future but it is crystal
clear that the government does not tend to
step back regarding any of these bans on the
advertising of alcohol.
Note
1 GALA (Global Advertising Lawyers’ Association) member firms
have provided the relevant data from United Kingdom, Germany,
Luxembourg, Portugal, Sweden, Italy, Croatia, Russia and
South Africa