This page contains information on statutory alcohol marketing regulations in the Netherlands (table 1); a description of the restrictions per medium (table 2); labelling information (table 3); information on self-regulations on alcohol marketing (table 4); the complaints procedure; a summary about the Dutch regulations on alcohol marketing and exhaustive, downloadable documents from the ELSA & FASE research projects.
For price promotions, Article 2a, Alcohol Act: administrative fine of €1360 for a small business and €2720 for a larger business. In case of recidivism, higher fines apply.
For online sales of strong alcoholic beverages, Article 14a, Alcohol Act:administrative fine of €1020 for a small business and €2040 for a larger business. In case of recidivism, higher fines apply.
For age-verification when placing online order, Article 20a, Alcohol Act: administrative fine of €1360 for a small business and €2720 for a larger business. In case of recidivism, higher fines apply.
Media wet 2008 (Media Act 2008), statutory: The Dutch Media Authority, called Commissariaat voor de Media (CvdM), upholds the rules which are formulated in the Dutch Media Act as well as in the regulations based on this act, for example the Media Decree. See http://www.cvdm.nl/english/ for more information.
Reclamecode voor Alcoholhoudende dranken (RvA) (Advertising code for alcoholic beverages), non-statutory: Advertisments in the Netherlands have to comply with the Dutch Commercial Code and the Advertising Code for Alcoholic Beverages. Complaints can be made to the Advertising Code Committee of The Dutch Advertising Code Foundation: www.reclamecode.nl. During an ongoing procedure a marketing practice can still be used. The possibility of complaining is made known to the public on the website www.reclamecode.nl and http://stiva.nl/regelgeving/nederlandse-reclamecode/. The website www.reclamecode.nl explains the procedures of the Advertising Committee and shows the established codes online. Sanctions, where appropriate, are imposed by The Advertising Code Committee and the Board of Appeal of The Dutch Advertising Code Foundation. Sanctions could be a fine of maximum €50.000 or other sanctions, namely: a ´private’ or ´public´ recommendation for discontinuing the advertisement. The most common sanction is a private recommendation for discontinuing the advertisement. Sometimes public recommendations are published, but a fine has never been imposed in the history of the code. Only public recommendations are publicly announced, usually by a press release by the Dutch Advertising Foundation. In other cases a membership to the Foundation has to be paid to get online access to full descriptions of the results of procedures. Online recommendations on a certain subject can be found, but only on the basics of such cases such as the name of the advertiser. The full description of the complaint and recommendation are not visible.
The minimum amount of time the procedure officially takes is when a complaint is decided (by the chair of the Committee). It should be handled within 14 days. After the decision there is a 14 day period (7 days in urgent cases) to put in an appeal. Thus, the minimum procedure takes up to 3 weeks. The maximum time is not stated, because a date has to be set for handling the complaint. In general the procedure takes about 2 months. Especially the time between handling a complaint and the decision can take a long time (up to 8 weeks).
Richtlijn voor Horeca Promoties (Guidelines for promotions by the catering industry), non-statutory: These guidelines do not contain information on a complaints procedure. However, it is mentioned that since 1 May 2005 a penalty system has been introduced for promotions by the catering industry. After a violation of the guidelines, a producer or importer will receive a warning. If another violation is found, a €1500 fine will be imposed. If the violation will be repeated, a €5000 fine will be imposed.
In the Netherlands three different regulations exist that specifically refer to alcohol marketing and advertising.
1. The Alcohol Act (2021)
2. The non-statutory ‘Advertising Code for Alcoholic Beverages’ and the Guideline for Promotions by the Catering Industry (Richtlijn voor Horeca promoties). The latter contains additional guidelines to the ‘Advertising code’
3. The Media Act 2008, statutory.
1. The Alcohol Act (Article 2) gives the minister of Health, Welfare and Sport the competence to regulate alcohol advertising in the Alcohol Decree (unofficial translation below).
Regulations on the content of advertisements for alcoholic beverages, the target group at which such advertising is aimed, and the time, manner and place at which and in which advertising takes place may be laid down by a decree in the interest of public health. These regulations may include prohibitions, restrictions and requirements in respect of advertisements. The decree will include transitional arrangements in respect of advertisements already published when the measure comes into force
It is forbidden to make advertising for alcoholic beverages that does not comply with the regulations laid down pursuant to (1).
The prohibition in (2) does not apply to advertisements for alcoholic beverages that merely contain details of the brand, type and price of the beverage in question together with the place where that beverage is sold.
A decree determined pursuant to (1) will come into force no less than eight weeks after the publication date of the Bulletin of Acts, Orders and Decrees in which it is published. Both Houses of the States General will be notified of its publication without delay.
Article 2a, Alcohol Act
It is since July 2021 forbidden for a retailer to offer more than 25% off the price he normally charges. Nor should he give the impression that he is more than 25% cheaper than others.
Article 14a, Alcohol Act
Since July 2021 only licensed liquor stores may offer strong alcoholic beverages via the liquor store’s website and take orders for strong alcoholic beverages online or by telephone and have them delivered to private homes or distribution points.
2. In practice, the ‘Advertising Code for Alcoholic Beverages’ contains the main regulation of alcohol marketing and advertising in the Netherlands. This self-regulation code is the way in which the rules of the Audiovisual Media Service Directive are incorporated in Dutch regulation. The text of it is designed by a CSR-organization funded by the alcohol industry. The complaint and sanctioning system connected to it is organized by a self-regulatory organization of the advertising industry. The ‘Richtlijn voor Horeca promoties’ contains additional guidelines that have no public system of control.
3. Since 2009, the new Media Act 2008 is in place, which has been partially adapted in line with the Audiovisual Media Services Directive (AVMSD). Several provisions of the AVMSD have been included in the non-statutory Reclamecode voor Alcoholhoudende dranken (Advertising Code for Alcoholic Beverages). The statutory Media Act 2008 has introduced a time ban on alcohol marketing on Dutch television and radio between 06:00 am and 21:00 pm. While traditional marketing is prohibited in this time slot, sponsorship messages of alcohol producers and retailers are allowed in a neutral way that only depicts the brand name/logo. The time ban was intended to limit the volume of advertising that young people are exposed to. However, research by STAP, the Dutch Institute of Alcohol Policy, has revealed that young people actually see more alcohol advertisements because since the time ban, the alcohol industry has tripled the number of alcohol advertisements that are aired after 21:00 pm.
The Media Act and corresponding policy rules, contain some provisions on (alcohol) sponsoring and product placement. The most important rules on (alcohol) sponsoring are:
If there is sponsoring, this has to be mentioned.
At the Dutch Public Broadcast Corporation, the indication of the alcohol sponsor has to be neutral: only the name or the logo of the sponsor may be shown in a non-moving image. The indication may not be full-screen.
At commercial broadcasting, the indication of alcohol sponsoring has to be neutral between 6 am and 21:00 pm. After 21:00 pm it does not have to be neutral, but may not be a promotion.
A sponsor may be indicated at a maximum of 5 seconds.
The sponsor may be indicating before and after the programme, as well as at the beginning and end of commercial breaks during the programme.
The most important rules on product placement (showing or mentioning a product during a programme in return for payment) are:
In order to inform the public, for programmes that include product placement, it has to be clearly mentioned that these programmes contain product placement.
Product placement is only allowed on commercial broadcasters at certain categories of programmes: light amusement, movies, tv-series and sports. Media aimed at children below the age of 12 may never contain product placement, even if it concerns movies or tv-series.
Product placement for alcoholic beverages is not allowed between 06:00 am and 21:00 pm.
See also table 2 for the statutory regulations per medium.
Table 1
Statutory Alcohol marketing regulations in the Netherlands
Established July 1, 2021. Replaced the Drank-en Horecawet (Alcohol and Catering Act).
Alcohol must be separated from non-alcoholic beverages on store shelves.
Forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Only licensed liquor stores may take and deliver orders for strong alcoholic beverages online or by telephone.
When selling alcohol online and by telephone, the age of the buyer must be verified when placing the order and again when the product is delivered or picked up.
Since 2009, there is a legal ban on alcohol advertisements on television and radio from 6 am to 9 pm. The advertising ban is directed at Dutch broadcasters only. The "time-lock" does not apply to the broadcaster RTL Netherlands, which is focused at the Netherlands, but established in Luxembourg. The rules are enforced by the Dutch Media Authority. (Note: RTL Nederland has not agreed to adhere to the rules on product placement and sponsoring)
Table 2 Statutory regulations per medium
Type of statutory restrictions
TV
Ban on advertising for and teleshopping
messages for alcohol beverages between 06:00 and 21:00 (Chapter 2,
Section 2.5.2,
Article 2.94 c; Chapter 3, Section 3.2.2, Article 3.7,
subsection 2c Media Law)
Sponsoring has to be indicated and has to be neutral between 6 am and 9 pm (Media Act)
Product placement is only allowed for commercial broadcasting and at certain categories of programs. Product placement for alcohol beverages is not allowed between 6 am and 9 pm (Media Act)
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Radio
Ban on advertising for and teleshopping
messages for alcohol beverages between 06:00 and 21:00 (Chapter 2,
Section 2.5.2,
Article 2.94 c; Chapter 3, Section 3.2.2, Article 3.7,
subsection 2c Media Law)
Sponsoring has to be indicated and has to be neutral between 6 am and 9 pm (Media Act)
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Outdoor marketing
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Printed media
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Cinema
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Internet/digital media
Only licensed liquor stores may take and deliver orders for strong alcoholic beverages online or by telephone.
When selling alcohol online and by telephone, the age of the buyer must be verified when placing the order. It is also the seller’s responsibility to ensure that age is verified a second time upon delivery.
New regulation regarding influencers
The Media Authority (which supervises compliance with the Media Act) has drawn up new rules for influencers with more than 500,000 followers. For example, influencers must clearly indicate when a certain message is sponsored. The sponsors must also be clearly indicated.
The new regulations are mainly intended to protect young people against unwanted advertising on social media. For example, influencers, whose target audience is children, are no longer allowed to advertise alcohol. For the time being, the Media Authority mainly informs the influencers by providing information and warnings in the event of violations of the new rules. If this does not make sense, influencers can be fined.
The Alcohol Act forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Promotional items
None
(Sports) sponsorship
None
Table 3 Labelling information
Description
Legally binding or self-regulation
Health warnings:
Alcohol industry has agreed to use a "alcohol and pregnancy" logo (however, there are no sanctions in place in case of breach of this agreement)
Self-regulation
Ingredients/nutritional information
No
Table 4 Self-regulations on Alcohol marketing in the Netherlands
TV, radio, cinema, sponsoring, internet/digital media (since 1 January 2012 restrictions on alcoholmarketing via social media), outdoor, print, promotional items
Catering
promotions (e.g.
price, number of
drinks)
The Alcohol Act (2021) forbids retailers from offering more than 25% off the regular price. Retailers may not give the impression that they are more than 25% cheaper than others.
Research by Breuer & Intraval, the Media Loket and Dialogic (2020) commissioned by the Dutch Ministry of Health, Welfare and Sport shows that Dutch 12-17 year old youngsters are regularly confronted with alcohol marketing practices in supermarkets, catering establishments, cinemas, on television and social media. For a more detailed summary of this research click here (https://eucam.info/2020/11/14/unique-research-shows-that-dutch-young-people-are-often-confronted-with-alcohol-advertising/)
