This page contains information on statutory alcohol marketing
regulations in Latvia (table 1); a description of the restrictions peridium (table 2); labelling information (table 3); information on non-statutory alcohol marketing regulations (table 4); the complaints procedure; a summary about the Latvian regulations on alcohol marketing and exhaustive, downloadable documents from the ELSA & FASE research projects.
Complaints procedure Handling of alcoholic Beverages law, statutory: Possibility to complain – Complaints can be made to the Supervisory Institution. And during a procedure a marketing practice can still be used. Matters regarding possible violations within the field of advertising shall be examined within ten days from the day that a complaint has been received. If violations of this Law have been determined, the Supervisory Institution is entitled to take a decision, but if under certain circumstances it is not possible, the Supervisory Institution is entitled to take a decision regarding extension for ten days of the term for review of the matter. System of appeal – An appeal regarding a decision by the Supervisory Institution may be filed with to a court within one month from the day the decision is taken. There is no law which defines after how many days, months or years legal process should be released; judicial system is very impacted that’s why it takes about three to six months till first proceeding is denoted. Official legal proceedings can go as the far as European Court. Sanctions – Sanctions, where appropriate, are imposed by the court and can be a fine (for physical persons up to €215, but for legal persons- up to €715 ). For the publication and distribution of unlawful advertisements, a fine for physical persons can rise up to €350, but for legal persons up to €14.285. This procedure is part of Latvian Administrative Violation Code. Other sanctions can be deprivation of liberty for a term not exceeding two years, or a fine not exceeding eighty times the minimum monthly wage, with or without deprivation of the right to engage in entrepreneurial activity for a term of not less than two years and not exceeding five years. This procedure is part of Criminal Law. Results published – All decisions taken by the Supervisory Institution are public and accessible to any interested person. Legal processes in Latvia are public and sentences made in court are accessible to each interested person.
Radio and Television Law, statutory: Complaints can be made to the Supervisory Institution. And during a procedure a marketing practice can still be used. Matters regarding possible violations within the field of advertising shall be examined within ten days from the day that a complaint has been received. If violations of this Law have been determined, the Supervisory Institution is entitled to take a decision, but if under certain circumstances it is not possible, the Supervisory Institution is entitled to take a decision regarding extension for ten days of the term for review of the matter. System of appeal – An appeal regarding a decision by the Supervisory Institution may be filed with to a court within one month from the day the decision is taken. There is no law which defines after how many days, months or years legal process should be released; judicial system is very impacted that’s why it takes about three to six months till first proceeding is denoted. Official legal proceedings can go as the far as European Court. Sanctions – Sanctions, where appropriate, are imposed by the court and can be a fine (for physical persons up to €215, but for legal persons- up to €715). For the publication and distribution of unlawful advertisements, a fine for physical persons can rise up to €350, but for legal persons- up to €14.285. This procedure is part of Latvian Administrative Violation Code. Other sanctions can be deprivation of liberty for a term not exceeding two years, or a fine not exceeding eighty times the minimum monthly wage, with or without deprivation of the right to engage in entrepreneurial activity for a term of not less than two years and not exceeding five years. This procedure is part of Criminal Law. All decisions taken by the Supervisory Institution are public and accessible to any interested person. Legal processes in Latvia are public and sentences made in court are accessible to each interested person.
Advertising Law, statutory: Complaints can be made to the Supervisory Institution. And during a procedure a marketing practice can still be used. Matters regarding possible violations within the field of advertising shall be examined within ten days from the day that a complaint has been received. If violations of this Law have been determined, the Supervisory Institution is entitled to take a decision, but if under certain circumstances it is not possible, the Supervisory Institution is entitled to take a decision regarding extension for ten days of the term for review of the matter. System of appeal – An appeal regarding a decision by the Supervisory Institution may be filed with to a court within one month from the day the decision is taken. There is no law which defines after how many days, months or years legal process should be released; judicial system is very impacted that’s why it takes about three to six months till first proceeding is denoted. Official legal proceedings can go as the far as European Court. Sanctions – Sanctions, where appropriate, are imposed by the court and can be a fine (for physical persons up to €215, but for legal persons up to €715). For the publication and distribution of unlawful advertisements, a fine for physical persons can rise up to €350, but for legal persons up to €14.285. This procedure is part of Latvian Administrative Violation Code. Other sanctions can be deprivation of liberty for a term not exceeding two years, or a fine not exceeding eighty times the minimum monthly wage, with or without deprivation of the right to engage in entrepreneurial activity for a term of not less than two years and not exceeding five years. This procedure is part of Criminal Law. All decisions taken by the Supervisory Institution are public and accessible to any interested person. Legal processes in Latvia are public and sentences made in court are accessible to each interested person.
There are three regulations that specifically refer to alcohol marketing and advertising in Latvia. “Handling of Alcoholic Beverages Law”, “Electronic Mass Media Law” and “Advertising Law”. They all are statutory. The statutory “Handling of Alcoholic Beverages Law” regulates various activities with alcoholic beverages (preparation for processing, processing, production, packaging, labelling, storage, loading, disembarking, transfer, transport, import, export, distribution, purchase, marketing, elimination etc.), as well as advertising of alcoholic beverages. The Law is applicable also to retail trade in alcoholic beverages on trains, aeroplanes and ships, if these means of transport are registered in Latvia.
The statutory “Electronic Mass Media Law” determines the procedures for the formation, registration, operation and supervision of broadcasting organisations in the jurisdiction of the Republic of Latvia. The purpose of the “Advertising Law” is to regulate the production and distribution of advertising, as well as to determine the rights, obligations and liabilities of persons involved in the production and distribution of advertising; to protect the interests of persons as well as the general public in the field of advertising; and to promote fair competition.
The National Radio and Television Council (henceforth – the Council) is an independent institution- a fully autonomous institution, which represents the interests of the public in the field of electronic mass media. The Council will be established by the Saeima, electing nine members to the Council. The Consumer Rights Protection Centre (henceforth – the Centre) is a State civil institution under the supervision of the Ministry of Economics, which protects consumer rights and interests. The Competition Council is a State civil institution under the supervision of the Ministry of Economics which realizes State policy in the field of competition development and protection.
Ban on advertising for alcohol beverages, except for wine and beer (Section 36 (1) Electronic Media Law implementing the AVMS Directive)
Youth protection policy (Article 11 (2) Law on Alcoholic
beverage circulation; (Article 5 Advertisement law; Section 36 (2) Electronic Media Law implementing the AVMS Directive)
Content restrictions (Article 11 (1) Law on Alcoholic
beverage circulation; (Section 36 (2) Electronic Media Law implementing the AVMS Directive)
Radio
Ban on advertising for alcohol beverages, except for wine and beer (Section 36 (1) Electronic Media Law implementing the AVMS Directive)
Youth protection policy (Article 11 (2) Law on Alcoholic beverage circulation; Article 5 Advertisement law; Section 36 (2) Electronic Media Law implementing the AVMS Directive)
Content restrictions (Article 11 (1) Law on Alcoholic beverage circulation; Section 36 (2) Electronic Media Law implementing the AVMS Directive)
Outdoor marketing
Youth protection policy (Article 11 (2) Law on Alcoholic
Advertising of alcoholic beverages is prohibited in educational and medical institutions, on and in public transport; on public means of transport and therein; in environmental advertisements. ( Handling of Alcoholic Beverages Law”, section 11, art. (3))
Since 2018 it is prohibited to sell alcoholic beverages with an absolute alcohol content not exceeding 5.8 per cent by volume in packages larger than 1 liter (large plastic bottles), while beverages over 5.8 per cent by volume with a volume greater than 0.5 liter. (does not apply to glass, metal, wood, ceramics, complex packaging). ("Handling of Alcoholic Beverages Law”, section 6, Art (13))
(Sports) sponsorship
Ban on alcohol advertising at sport events, if the
information on sponsoring contains information about an alcoholic
beverage (except the name of the sponsor) and alcoholic beverage
use (Article 11 (2) Law on Alcoholic
beverage circulation)
Since 2014 a ban on the retail sale of alcoholic beverages in social care institutions and service hotels of educational institutions, as well as in the premises of state and local government institutions, except for the premises of cultural and sports institutions and their territory. (“Handling of Alcoholic Beverages Law”, section 6, Art (1))
Table 3 Labelling information
Description
Legally binding or self-regulation
Health warnings:
Yes, information that warns about the negative consequences of alcohol
use is included in alcoholic beverage advertisement. This information
must cover at least 10% of the specific ad (Article 10 Law on Alcoholic beverage circulation)
Legally binding
Ingredients/nutritional information
No
Table 4 Non-statutory Alcohol marketing regulations in Latvia
Coverage
There are no non-statutory regulations on alchol marketing in Latvia
None
The Ministry of Health will implement an unprecedented study “On Alcohol Use, Its Consequences and Economic Benefits of Prevention in Latvia” in 2022. An assessment of the harm caused by alcohol would make it possible to identify the extent of the problem and become the basis for the implementation of prevention policy instruments.
For more information about the Latvian regulations contact: Elena Zviedre, Ministry of Health of the Republic of Latvia (elena.zviedre@vm.gov.lv) or vm@vm.gov.lv
