Legal Eye: Sponsorship Restrictions

This seems clear enough. With the exception of beer, the advertisement and promotion of alcohol in Poland is prohibited. Right?

The answer, for better or worse, is not so clear. As with many laws, this prohibition is followed by a long list of exceptions. And the same holds true for the advertisement of tobacco products and medicine as well.

Alcohol

First, let's take a look at beer. The general prohibition on alcohol advertising does not apply to beer. However, even this exception to the general rule is itself subject to a few exceptions.

Advertisements directed to children are prohibited, as are advertisements linking the consumption of beer to sexual attractiveness, physical fitness, financial success or healthy lifestyles. Moreover, beer advertisements can not be aired on television or radio between the hours of 6 am and 8 pm. Beer may also not be advertised on magazine covers or in publications geared toward children.

Billboard advertising is permitted, provided that at least 20 percent of the surface area is devoted to a warning on the negative consequences of alcohol consumption. A producer or distributor of beer may sponsor an event, such as a sporting event or concert as long as the above restrictions are observed.

The advertising of wine is subject to more restrictions. But again, exceptions abound. A producer or distributor of wine may advertise by means of sponsoring a sporting event, concert or other large- scale event by placing its name on a limited range of promotional materials, including magazine, poster, and billboard advertisements. Notice that this exception permits the wine producer or distributor to advertise its name, as opposed to the bottle of wine itself. The same limited right to advertise applies to television and radio.

The restrictions imposed upon the advertisement and promotion of vodka, in addition to any beverage having an alcohol content greater than 18 percent, are the most severe. In contrast to a wine, a vodka producer or distributor may not display its name on a television advertisement promoting a sponsored concert or sporting event, let alone the bottle of vodka itself.

Tobacco

The same restrictions apply to tobacco products. Tobacco products may not be promoted in television, cinemas, radio, sports arenas and other public places. Nor may cigarettes be advertised on posters or billboards. In effect a tobacco manufacturer may not sponsor a sporting event, or more precisely may not promote itself or its products at such an event.

Drug restrictions

A pharmaceutical company may advertise over-the-counter drugs to the public, including sponsoring a sporting or other public event, provided that the promotion of any non-prescription drug includes a disclaimer to read the instructions included in the package, or to consult a doctor prior to use.

The advertisement of medicines to children is prohibited, which precludes the sponsorship of an event geared toward children. The advertisement of prescription medicine to the general public is also prohibited.

More exceptions

Now a few more exceptions. Restrictions on the advertisement and promotion of alcohol do not apply to the sponsorship of "non-public" events, such as monthly business mixers, hotel grand openings, etc. A vodka producer is welcome to sponsor a monthly chamber of commerce business mixer, for instance, without fear of violating the law. A tobacco company may use a private (invitation only) forum to promote its products as well.

Moreover, the advertisement of alcohol is permitted at the "point-of-sale," meaning that distributor may promote the sale of its product by hiring attractive hostesses (or hosts) to encourage shoppers to purchase a particular brand of beer or vodka within an area set aside for alcohol sales.

Paul Fogo is a senior attorney with Miller,Canfield, Babicki, Chelchowski & Partners. fogo@pl.millercanfield.com