1. Alcohol Marketing Regulations in Sweden Restrictive national rules challenged by EU trade treaty Overview July 2009 By Avalon de Bruijn Adebruijn@stap.nl

2. Volume restrictions prior to 2003: Ban alcohol ads on national TV (Alcohol Act) Ban on satellite TV (Radio and Television Act) Ban alcohol ads on Radio (Alcohol Act) Ban alcohol ads on Magazines/Periodicals (Alcohol Act) No outdoor advertising for stronger beer, wine and spirits in waiting halls, public transportation and sport events (self-regulation) No advertising for stronger beer, wine and spirits in cinemas or theatres (self-regulation) No specific rules with respect to internet (self-regulation) prohibited sales promotion measures: –i) the handing out of product samples or tasting; –ii) the handing out of free gifts (e.g. trays, glasses, etc); –iii) competitions with prizes and discount coupons; –iv) combination offers

3. Content restrictions prior to 2003: An image must not consist of anything other than especially moderate reproduction: i) of the product or its raw ingredients; ii) of an individual bottle or can; iii) the trademark or other equivalent distinctive mark for the product; iv) the image must also be neutral and not contain any representative elements, decoration or other elements which may create tangible associations.

4. In theory: Ban on alcohol ads on national AND on satellite TV In practice: Satellite channels broadcasted from abroad (Kanal 5, TV3, MTV) make use of looser British rules Share of alcohol adv. Minutes by channel in 2002 Discovery0% Eurosport- Kanal524% MTV26% TV329% TV45% ZTV16% Source: MMS 2004 Sweden and pressure of Europe prior to 2003:

5. Swedish court overrules Swedish ban on alcohol ads in magazines: - Obstacle to the free movement of services within the EU; - Damage to trade was not in proportion with the protecting of public health (other efficient measures already taken: high alcohol taxes, state retail monopoly); - Court agreed that Swedish consumers already see alcohol ads in foreign magazines, TV channels and on the Internet. Sweden and pressure of Europe in 2003:

6. Share of alcohol adv. Minutes by channel in a year (%) 2002 2003 Discovery00 Eurosport-15 Kanal52417 MTV2620 TV32915 TV4510 ZTV1622 Effect of Decision Court: Alcohol Ads in Newspapers/Magazines is allowed; Uncertainty about what is permitted in other media (see table); Judgment can be used to attack other national bans; The Swedish government participated on this development by revising the Alcohol Act in 2005. Source: MMS 2004

7. Revision Alcohol Act in January 2005: Prohibition of Advertising alcoholic beverages >15% VOL (already in force in 2003); People are not allowed to appear in ads; Warning texts in ads are required; Ads cannot target people under the age of 25.

8. Future developments: From February 2008: Swedish rules more in line with EU standards: Swedish TV channel TV4 will be allowed to show as many commercials as satellite competitors (TV3/Kanal5); More difficult to enforce Swedish rules restricting alcohol ads.