United Kingdom

This page contains information on statutory alcohol marketing
regulations in the UK (table 1); a description of the restrictions per medium (table 2); labelling information (table 3); information on non-statutory alcohol marketing regulations (table 4); the complaints procedure; and lastly a summary about the British regulations on alcohol marketing.

The controls in the UK cover broadcast, print and online advertising are a mix of co-regulation (with Ofcom) and self-regulation , administered by the Advertising Standards Authority (ASA) and the Portman Group. The Portman Code covers marketing such as sponsorship, promotion and product

Update: April 2024

Show more about the complaints procedure in this country>>

Complaints procedure

Portman Group Code of Practice on the Naming, Packaging, and Promotion of Alcohol Drinkers, non-statutory:
The Independent Complaints Panel: The Chair of the Independent Complaints Panel (Panel) is appointed through an open and transparent process consistent with the standards used in making public appointments. The Chair appoints other Panel members following a national recruitment process. The Panel shall not include any person employed by the Portman Group or any of its member companies.

Details of the Panel’s membership are available on the Portman Group’s website and on request. The Chair plus two members of the Panel constitute a quorum and decisions are made by majority voting. In the case of a tied vote, the Chair shall have the casting vote. Panel members must declare any interest in a case before considering it, whereupon the Chair will decide if it is appropriate for that member to consider the complaint.

Making complaints: Complaints can be submitted via the complaints form on the Portman Group’s website or emailed to complaints@portmangroup.org.uk. Complaints may be sent in writing to the Secretary to the Independent Complaints Panel, Portman Group, Fourth Floor, 20 Conduit Street, London W1S 2XW. If possible, visual evidence to support the complaint should be attached such as a photograph of the product, a physical sample or details of the outlet or other activities involved.

Before processing a complaint, the Portman Group will seek confirmation that no legal action between the complainant and the company is underway or is currently intended to be initiated by either party with regard to the subject matter of complaint. The Portman Group will not normally get involved in matters that are the subject of legal action. In the absence of a formal complaint by a named third party, the Portman Group will investigate all matters that are brought to its attention. The only exception to this being advice given by the Portman Group Advisory Service, which is provided on a confidential basis. The Portman Group can, if appropriate, refer an issue to the Panel, in which case the Portman Group will act in lieu of a complainant.

Radio Advertising Standards Code, co-regulation:
There is no systematic search for violations but the ASA may raise issues about potential code breaches with advertising parties as well as investigating complaints that raise issues about compliance with the codes. Also in the course of undertaking monitoring and enforcement, BCAP may raise issues about apparent code breaches with advertising parties. And more generally, as part of the Memorandum of Understanding with Ofcom, the ASA(B) and BCAP undertake to conduct research on the extent to which the code is being met. Complaints can be made to The Advertising Standards Authority (Broadcast division), known as ASA(B). The ASA is funded by a voluntary levy on the advertising industry. This is a self-regulatory body funded in the same way as the CAP. And during a procedure a marketing practices generally can carry on, unless the ASA decide that immediate action needs to be taken: 5.1 …They [the ASA and BCAP] can require that the commercial be withdrawn immediately or amended; they can also ask that advertising is suspended while investigations are carried out. The possibility of complaining is made known to the public. The ASA have been doing their own advertising campaign, so that people know who they are. The Memorandum of Understanding between Ofcom and the ASA notes j) Publicity. The new self-regulatory system for the handling and resolving of advertising standards complaints will be required to be publicised by licensees in accordance with section 328 of the Act. The Parties will liaise and agree as to the appropriate level, content and timing of such publicity so as to ensure that the way in which advertising standards complaints can be made is brought to the attention of the public through a variety of media as appropriate. Sanctions, where appropriate, are imposed by the same body and can be an unspecified fine, formal reprimand, warning about possible revocation of broadcaster’s licence, or actual termination of the licence. The results of procedures are publicly announced. There is a subscribers email list that sends out the decisions every week, and decisions are often also reported in the newspapers as well. Only decisions are published however (sanctions are not publicly discussed, although some examples are mentioned in the annual report by way of illustration). The minimum and maximum amount of time the procedure officially takes relates to agreements within the co-regulatory system, cf. the Memorandum of Understanding: 58 It is agreed by the Parties that benchmarks for average complaints turnaround times to be achieved by ASA(B) will be set at 80% of the average turnaround times achieved by the ITC in its last six months of operation. It is noted that data analysis has indicated that the following benchmarks would be broadly consistent with average turnaround times achieved by the ITC of:
– 5 working days for straightforward complaints requiring no investigation
– 10 working days for complaints where the advertisement must be viewed
– 8 weeks for cases requiring standard investigations and contact with licensees
– 3 months for complex cases, requiring high level and extended investigations.
NOTE: Complex cases can have extensions).

The UK Code of Broadcast
Advertising Broadcast Committee of Advertising Practice (BCAP), co-regulation:
Complaints can be made to The Advertising Standards Authority (Broadcast division), known as ASA(B). This is a self-regulatory body funded in the same way as the CAP. See https://www.asa.org.uk/

Click here to show more detailed information about the alcohol marketing regulations in this country>>

The regulatory system for broadcast advertisements (i.e. TV and radio) changed radically in 2004 with the start of a ‘co-regulatory’ system, an agreement between Government (in the form of Ofcom) and a self-regulatory body (the ASA, which has been set up by the advertising industries). The agreement is reflected in a contract between the two parties, setting out the expectations for what the ASA is meant to achieve, and also noting where statutory accountability and sanctions apply. As will be seen in the detail of the regulations below, this allows for a certain degree of democratic oversight of the co-regulatory system, although this is much less direct than is generally the case in purely statutory systems.

The two main broadcast codes are a product of this agreement, with the codes primarily being adaptations of the codes previously in operation. Noting concerns over alcohol however, Ofcom initiated a programme of consultation about changes to the alcohol codes, which was completed under the new co-regulatory system. Aside from meaning that the codes are very recent (and indeed only came into full force during the course of the ELSA project), the public debate around the consultation has also meant a high level of scrutiny of the text of the codes in recent years.

Outside of the TV and radio restrictions in this co-regulatory system, the advertising regulations for other media are less developed. Both the Portman Group code and the Sales Promotion code count as more conventional self-regulation, and therefore have a lower level of accountability (e.g. they are not accountable to Parliament). Aside from the content of the regulations – which is less strict than the co-regulatory codes – there are also substantial differences in process between these codes and the broadcast codes that are embedded in law. The Portman Group code, for example, only allows appeals by the drinks producer, while the co-regulatory system has the ‘Independent Reviewer of ASA Adjudications’ available to both sides.

Table 1	Statutory Alcohol marketing regulations in Great Britain	Coverage
	Communications Act 2003	TV and radio. However, this law provides a legal backstop for the self regulation codes in the UK, but does not contain provisions on alcohol marketing or alcohol advertising.

Table 2 Statutory regulations per medium	Type of restrictions
TV	None
Radio	None
Outdoor marketing	None
Printed media	None
Cinema	None
Internet/digital media	None
Promotional items	None
(Sports) sponsorship	None

Table 3 Labelling information	Description	Legally binding or self-regulation
Health warnings:	Marketing communications must not encourage consumers to drink and drive. Marketing communications must, where relevant, include a prominent warning on the dangers of drinking and driving and must not suggest that the effects of drinking alcohol can be masked.	Self-regulation (Article 4.6 The CAP Code The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing)
Ingredients/nutritional information	The only information that is required is the volume of the container, the drink’s strength (alcohol by volume, ABV), and whether any of the 14 most common allergens are present.’

Table 4 Non-statutory Alcohol marketing regulations in Great Britain	Coverage
The CAP Code: The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing	Cinema, sponsoring, internet/digital media, outdoor, print, promotional items, direct marketing
Portman Group Code of Practice on the Naming, Packaging, and Promotion of Alcohol	Naming and packaging; Sale activities and materials; Websites, sponsorship, press releases, branded merchandise, advertorials and sampling; Does not apply to any materials or activities whose purpose is solely and clearly to educate under 18s about the use and misuse of alcohol. Does not apply to any marketing covered under the ASA codes (below). Alcoholic beverages > 0.5% VOL. Alcoholic ‘drinks’, even if they are classified as foodstuffs rather than drinks for the purposes of licensing or customs and excise legislation, or even if they appear to be solid or heavily textured, rather than liquid.
TV and Radio Advertising Standards Code BCAP	TV, radio. Advertising on all services licensed by Ofcom (spot advertisements, promotions, sponsorship; etc..; does not cover product placement). This Rule excludes promotion of radio stations’ own-branded activities, goods and events (such as websites, T-shirts and concerts) which enhance listener involvement and are not designed to make a profit or promote commercial partnerships. Alcoholic beverages > 0,5 % VOL.
Sponsoring Link to report: http://www.portmangroup.org.uk/docs/default-source/recruitment-jds/sponsorship-code-booklet.pdf?sfvrsn=0	Prior to sponsoring an event, team or activity, drinks companies must use their reasonable endeavours to obtain data on the expected participants, audience or spectator profile to ensure that at least the aggregate of 75% are aged over 18

A film which explains the issues: Alcohol Marketing: Explained

AFS’s marketing report: Realising Our Rights: How to protect people from alcohol marketing

Children’s Parliament investigates: an alcohol-free childhood; For Alcohol Focus Scotland
September 2019; link

The following document contains an in depth (but older) overview of alcohol marketing regulations in Great Britain: alcohol-marketing-regulations-Great-Britain.pdf

Actual information (2017) about the current self-regulation code in the UK:
click here

In this context EUCAM also refers to the information about alcohol marketing regulation in the UK of the Institute of Alcohol Studies (IAS) : click here

The Factsheet ‘Marketing and Alcohol of the Institute of Alcohol Studies : click here