New “soft law” rules for alcohol advertising

1. The background and the new agreement

Accordingly, an intersectoral agreement on the conduct and advertising of beverages containing alcohol was signed on 12 May 2005.

On 25 January 2013, the initial agreement of 2005 was updated for the first time by signing an “Agreement on the advertising and marketing of beverages containing alcohol”. On 2 September 2019, the latter version was supplemented by an addendum requiring the prior opinion of JEP for certain types of campaign, reinforcing sanctions in the event of recidivism, and involving the SPF Santé/FOD Volksgezondheid without voting rights at JEP meetings.

On 9 October 2024, a (new) homonymous agreement was signed between representatives of the sector's producers and distributors and the Advertising Council. It is “version 2.0” of this agreement, replacing the agreement of 2013 according to its preamble, or that complements and amends it, in order to make the rules applicable in this area stricter. According to its article 18.1. provisions that did not change remain in force.

This new instrument came into force at the beginning of January this year, 2025.

2. A closer look at this new agreement 

As the agreement is modelled on the Code of Economic Law, advertising is still defined very broadly as any communication with the direct or indirect aim of promoting the sale of beverages containing alcohol - with an alcohol percentage above 0.5 (as opposed to 1.2 at the outset...) - regardless of the place or means of communication used.

As was the case in the first version, the primary aim of the agreement is to protect minors, who may not be targeted by alcoholic beverage advertising, either in terms of content or way of communication. 
In terms of content, advertising may no longer feature people who are, or appear to be, under 25 years of age, or refer to characters who are popular or in vogue among minors, such as influencers.

With respect to the way of communication, advertising for alcoholic beverages remains prohibited in the press, on posters, in ordinary and digital media, and during the showing in cinemas of movies specifically aimed at an “audience of minors”, i.e. an audience made up of at least 30% minors. In particular, advertising for alcoholic beverages is prohibited on social networks that do not apply age gating. This includes TikTok and Snapchat.

In addition to the pre-existing legal ban on the transmission of alcoholic beverage commercials during the 5 minutes immediately preceding or following radio or TV broadcasts specifically aimed at an audience of minors, there is also a ban on billboard advertising within a 150-meter radius of schools.

Finally, influencers sponsored by alcohol brands must also appear and be at least 25 years old, and must take care to prevent their underage audience from being exposed to advertising for beverages containing alcohol.

Other limitations remain unchanged: for example, advertising may still not associate the consumption of alcoholic beverages with favorable physical and/or psychological effects, with personal and social success, or criticize abstractions. It still cannot feature the medical or paramedical profession or medical establishments, establish a link between drinking and improved health, or between drinking and driving, sports or professional performance, or target pregnant women.

The educational slogan that must appear in advertisements for alcoholic beverages has evolved over the years, from the original “Notre savoir-faire se déguste avec sagesse” / “Ons vakmanschap drink je met verstand” to today's “L'abus d'alcool nuit à la santé” / “Alcoholmisbruik schaadt de gezondheid”. Precise rules are laid down regarding the place in advertising space, font and font size.

3. What is the legal value of this tool?

What happens if the agreement is not respected? Since it is an agreement, it is binding only on the contracting parties, although their respective members are invited to adhere to and comply with it. 

The contracting parties may seek prior advice or lodge a complaint with JEP, which has a jury of first instance and appeal, without prejudice to the right of any person, professional or inter-professional group or association whose purpose is to defend the interests of consumers to bring an action before the ordinary courts for an injunction in the event of unfair advertising within the meaning of the Code of Economic Law.

4. Conclusion and prospects

It should be remembered that while the agreement can, by definition, only engage the contracting parties, it could nonetheless potentially acquire regulatory status under certain conditions. The law on consumer health protection with regard to foodstuffs already provided that the government could, in the interest of public health, regulate and prohibit advertising for alcohol and alcoholic beverages.

The same law stipulates that agreements aimed at encouraging reasonable consumption of beverages containing alcohol may be approved by the government - and published in the Belgian Official Gazette - provided they are signed by at least two trade associations representing at least 80% of Belgian producers of beverages containing alcohol, two associations representing consumer interests and two trade associations representing the hospitality sector.

It should be noted, however, that associations representing the interests of consumers, such as CRIOC and Testachats/Testaankoop, initially signatories, have not maintained their commitment. The reason for this may lie in the fact that JEP, made up of advertisers, is split between the interests of advertisers and their customers, on the one hand, and those of consumers, on the other. In other words, JEP is not the most objective body to look after this matter.  

Only the legislator can overcome this division, and it is time for it to handle this important public health issue.

If you would like further information on this subject, please contact our specialists on info@be.Andersen.com or +32 (0)2 747 40 07.