Alcohol advertising and promotion can be a tricky area – Pervinder Davies explains what you need to know…

The importance of  responsible drinking has become a key focus of the evolving discussion around alcohol consumption in New Zealand. With growing awareness of the potential social and health implications associated with excessive drinking, there is also a spotlight on the role of advertising and promotion in shaping consumer behaviour.

Here are some of the key areas to be aware of when it comes to responsible alcohol advertising and promotion laws in New Zealand.

Framework of responsibility
The landscape of alcohol advertising and promotion in New Zealand is shaped by a framework designed to balance commercial interests with the imperative to promote responsible drinking. With an emphasis on safeguarding public health, the country’s laws on alcohol advertising seek to mitigate potential harm while allowing for the legitimate advertising and promotion of alcoholic beverages.

All alcohol advertising and promotion must comply with New Zealand law and with the principles and guidelines in the Code for Advertising and Promotion for Alcohol and the Advertising Standards Code 2018.

New Zealand implemented measures to regulate irresponsible alcohol promotions in 2013. Under the Sale and Supply of Alcohol Act 2012, it is considered an offence to:

• Encourage excessive consumption of alcohol. This applies anywhere – not just on licensed premises.

• Promote or advertise discounts on alcohol of 25% or more, anywhere that can be seen or heard from outside the licensed premises.

• Promote or advertise free alcohol.

• Offer goods, services, or prizes on condition that alcohol is purchased.

• Promote alcohol in a way that it is aimed at or likely to have special appeal to minors.

Specific conditions for supermarkets and grocery stores
Supermarkets and grocery stores face additional compulsory conditions, including describing one area within the premises as a permitted area for the display and promotion of alcohol (single alcohol area).

Remote sales and responsible practices
Remote sellers, like all alcohol licence holders, must adhere to specific guidelines, ensuring responsible practices such as not encouraging excessive consumption and refraining from offering goods or services on the condition of alcohol purchase.

Beyond alcohol - Other relevant legislation
Under the Gambling (Prohibited Property) Regulations 2005 it is an offence to offer or use alcohol as a prize for gambling activities, for example wine as a raffle prize.

False or misleading representations about goods or services are a breach of the Fair Trading Act.

Key takeaways:

Target the appropriate demographic - ensuring that your marketing efforts are directed towards the appropriate demographic is a foundational principle of responsible alcohol promotion.

Regulate content and imagery - the content and imagery used in alcohol advertising are closely regulated. Advertisers are prohibited from using material that may encourage excessive drinking, depict irresponsible behaviour, or glamorise alcohol consumption. Striking a balance between promoting the product and maintaining a responsible image is crucial to comply with these regulations.

Be transparent - advertisements must provide clear and accurate information about the product, including alcohol content and potential health risks. Additionally, health warnings such as messages related to drinking during pregnancy and the dangers of excessive consumption are mandatory in all alcohol promotions.

Digital compliance – Advertisements on digital channels must comply with the same regulations applied to traditional media. This includes ensuring that content is not likely to appeal to minors and avoiding tactics that might encourage irresponsible drinking.

If you’re unsure about any of the above, get professional advice. It’s important to be clear that you’re within the law if you’re marketing or promoting alcoholic products as penalties can be substantial.

Pervinder Davies is an Associate at Corcoran French Lawyers, specialising in alcohol licensing.
cflaw.co.nz