Indications that invite consumers to ‘drink responsibly’ – on the labels and advertising of alcoholic beverages – are subject to ‘self regulation’ worthy of further investigation.
1) Alcoholic drinks, labelling
The labeling of alcoholic beverages, so defined based on the alcohol content exceeding 1,2% by volume, is subject to the following rules:
– general labeling and advertising criteria established by Food Information Regulation (EU) No 1169/11
– EU rules of a vertical nature, i.e. applied to individual product categories (e.g. wines, spirit drinks)
– national regulations on areas not subject to harmonized regulations (i.e. Italian law on beer).
1.1) Exceptions in favor of alcoholic beverages
Food Information Regulation (EU) No 1169/11 extended the exemptions always granted to alcoholic beverages, whose labels are still exempt from the obligations to indicate:
– list of ingredients, without prejudice to the sole duty to indicate the presence, even if only in traces, of the food allergens mentioned in Annex II to Reg. (EU) 1169/11
– nutritional declaration.
The European Commission confirmed the opportunity to maintain these exemptions in 2017. (1) Subsequent work to improve consumer information came to a standstill (2,3,4).
1.2) Wines, labels and e-labels
Reg. (EU) No 2021/2117 introduced for wines only, starting from 8 December 2023:
– the obligation to indicate the nutritional declaration and the list of ingredients
– on a physical or electronic label, to be accessed via link or QR-code (5,6).
2) ‘Warning labels’
Beat Cancer Plan (BECA), adopted by the European Parliament on 15 February 2022, provides a cancer prevention and mitigation strategy that considers various risk factors:
– environmental pollution
– exposure to pesticides and toxic chemicals
– alcohol, tobacco and junk food. (7)
The strategy proposed by the BECA parliamentary commission, shortly afterwards boycotted by the MEPs themselves, (8) provided among other things:
– the update of the EU Alcohol Strategy
– the introduction of a Zero Alcohol Policy for minors
– the adoption of ‘warning labels’ on alcoholic beverages
– mandatory nutritional labeling on the front of food and drink labels.
2.1) National initiatives
Some EU Member States, over the years, have introduced mandatory indications to appear on the labels of alcoholic beverages sold in their territories. Some examples:
– France was the first country to introduce, in 2007, a mandatory logo to warn of the unsuitability of alcohol consumption for pregnant women
– Germany, UK and Ireland (as well as USA, Canada, Russia, Ireland and various other non-EU countries) have in turn introduced various mandatory warnings on the label (9)
– Ireland introduced in 2023 the obligation to indicate kcal and grams of alcohol, as well as warnings of danger during pregnancy and increased risk of diseases and tumors. (10)
3) Self-regulation
Self regulation is the leitmotif of industrial sector lobbies. Which precisely invoke their ability to self-regulate without the need to be subjected to binding rules. In particular, in commercial and marketing activities
EU Alcohol Strategy (2006-2012) stands out for not having envisaged any legislative reform, limiting itself to some non-binding recommendations for the Member States. And it is the only strategy that has not had any follow-up.
3.1) Successes and failures
Beer is the only sector in which self-regulation has achieved the desired and appreciable effect of providing consumers with clear information, on the physical label of the products, regarding the list of ingredients and the energy value (kcal). (12)
The producers of other categories of drinks have, on the other hand, refrained from making any serious commitment in this regard.
Big Food and Big Drink have gone further, relying on vague self-regulation commitments to continue to afflict citizens – and minors, above all – with the aggressive marketing of junk food. And so the ‘Audiovisual Media Service Directive’ failed, as we have seen. (13)
4) ‘Drink responsibly’
Voluntary information aimed at promoting ‘responsible drinking’, i.e. moderate consumption of alcoholic beverages, are part of the context of self-regulation. And they are mandatory, in fact, whenever drinks containing alcohol are advertised in Italy.
4.1) Responsible drinking in Italy
Self-regulation in the marketing of alcoholic beverages in Italy is provided for in law no. 125/2001, which is based on acts of the European institutions and WHO Europe which date back to the last century. (14)
IAP, the Institute for Advertising Self-Discipline, has in turn defined the rules – binding for the entire advertising services chain in Italy – for the advertising of alcoholic beverages towards minors. (15)
Federvini published the ‘self-regulatory guidelines for the commercial and promotional communication of alcoholic beverages’ in 2023. (16)
5) Federvini, the guidelines
The European Commission guidelines of Federvini – Confindustria association which represents producers of wines and spirits in Italy – apply to:
– ‘all commercial and promotional communications regarding alcoholic beverages;
– in the national territory and, where not in conflict with incompatible local regulations,
even outside the national territory;
– with reference to any type of commercial activity, promotional activity, event, products, online media (websites, social media, etc.) and offline (TV, radio, cinema, press, etc.), packaging, labels, press releases , sponsorships and the like;’
– also had regard ‘to the names, symbols and logos identifying the cocktails and products and the recipes’ (Federvini Guidelines, paragraph 3.1). (16)
5.1) Basic criteria
‘Correct communication and responsibility must promote a message according to which
– alcohol is a product that must be consumed in moderation and
– only by those who are of legal drinking age and who are
– in psychophysical and contextual conditions to do so safely for oneself and others’. (Federvini Guidelines, paragraph 4.2). (16)
5.2) Protection of minors
Communications commercial or promotional sales of alcoholic beverages must never be addressed, ‘attract, refer to or depict subjects under the legal age to be recipients of the sale of alcoholic beverages according to the regulations’ applicable in various countries. Never under the age of 18, even in countries without specific rules (Federvini Guidelines, paragraph 6.1). (17)
Testimonials, celebrities, bloggers, influencers, models and actors used to promote alcoholic beverages must be at least 25 years old and not appear to be minors. And it’s forbidden’the use of attractive elements such as objects, images, symbols, gestures, languages, slogans, expressions, messages, music, characters (real or fictitious including cartoons), celebrities, testimonials, models, actors, bloggers and influencers of particular attraction for minors’.
5.3) Alcohol content
‘In communication commercial and promotional products for alcoholic beverages must be provided to consumers, where permitted on packaging and/or through other channels such as websites or consumer assistance, clear and objective information on alcohol content‘(Federvini Guidelines, paragraph 6.1).
The units of measure reported must be consistent with the metric system used in the country of destination. Thus, for example, the alcoholic units indicated in Italy by CREA, in the guidelines for healthy eating‘, are higher than the Alcohol Units developed by the National Health Service (NHS) in the UK. (18)
Dario Dongo
Footnotes
(1) Dario Dongo. Alcoholic beverage labels, the Commission confirms the derogations on the ingredients list and nutrition table. GIFT (Great Italian Food Trade).
(2) Marta Strinati. Labeling of alcoholic beverages, work in progress in Brussels. GIFT (Great Italian Food Trade).
(3) Marta Strinati. Labeling of alcoholic beverages, the European Commission stalled. GIFT (Great Italian Food Trade).
(4) See paragraph 3.1 of the previous article by Dario Dongo. Transparency on the label of alcoholic beverages, legal action in the USA. GIFT (Great Italian Food Trade).
(5) Dario Dongo, Alessandra Mei. New EU rules on wine labelling, guidelines from the European Commission. GIFT (Great Italian Food Trade).
(6) Dario Dongo. Brindo, the GS1-Italy Servizi QR code for wine labelling. GIFT (Great Italian Food Trade).
(7) Dario Dongo. Beating Cancer Plan. Pesticides, toxic chemicals, alcohol, junk food are listed. GIFT (Great Italian Food Trade).
(8) Isis Consuelo Sanlucar Chirinos. Alcoholic beverages, the EU Parliament cancels the proposed warning on the label on alcohol and cancer risks. GIFT (Great Italian Food Trade).
(9) Marta Strinati. Pregnancy, no alcohol. GIFT (Great Italian Food Trade).
(10) Marta Strinati. Wine labelling. Brussels writes to Italy. GIFT (Great Italian Food Trade).
(11) Alessandro Gallina. Will the European Parliament Break the Ice on the EU’s Frozen Alcohol Policy Agenda? EPHA (European Public Health Alliance). 13.12.23 https://tinyurl.com/37pttab2
(12) Brewers make 2022 consumer labeling commitment to European Commission. Brewers of Europe. 5.9.19 https://tinyurl.com/24ut8paz
(13) Dario Dongo, Andrea Adelmo Della Penna. ‘Audiovisual Media Services Directive’ and protection of minors from junk food marketing. GIFT (Great Italian Food Trade).
(14) See article 13 of law 30 March 2001, n. 125. Framework law on alcohol and alcohol-related problems. Text updated on 20.2.17 on Normattiva https://tinyurl.com/35atfa4r
(15) IAP. Self-regulatory code for commercial communications. 70th version effective 1.6.23. See Article 22, alcoholic beverages https://www.iap.it/codice-e-altre-fonti/il-codice/
(16) Federvini. Self-regulation guidelines in commercial and promotional communication of alcoholic beverages. 7.6.23 https://tinyurl.com/wwnxbhu
(17) The bans on the sale of alcoholic beverages to minors, as well as the hourly limits on the sale and administration of spirits in motorway rest areas, are provided for by law 125/01
(18) In Italy the AU is the quantity of ethanol present in a glass of wine (125ml) at medium strength (12% vol.) or in a can (330 ml) of beer at medium strength (4.6% vol.) or in a small glass (40 ml) of spirits (40% vol.) and corresponds to 12 g. In England, one Alcohol Unit is equivalent to 10ml or 8g of pure alcohol, which is the amount of alcohol an average adult can process in an hour
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
