Starting 1 April 2024, a new self-regulatory code will go into effect in the Netherlands applying to advertising for all non-alcoholic varieties of alcoholic beverages: the Advertising Code for Alcohol-Free Variations of Alcoholic Beverages (RvAVA). Four questions and answers:
- Erm, "alcohol-free varieties of alcoholic beverages," what does that mean?
The definition for an alcohol-free variant of an alcoholic beverage in the RvAVA is "a beverage intended for human consumption, other than an alcoholic beverage, where reference is made to an alcoholic beverage through the name, brand, product design, and/or marketing of that beverage. Think non-alcoholic beer, prosecco, or gin. - Does the code cover only beverages that are completely alcohol-free?
No. The RvAVA also applies to (or references) beverages that contain a small amount of alcohol. Depending on the amount of alcohol, three different regimes apply:
1) 0.0-0.1%: Advertisements may not specifically target minors.
2) 0.1-0.5%: Advertisements shall not refer to pregnancy or alcohol and traffic. Of course, here again, advertisements shall not specifically target minors.
3) > 0.5%: If a beverage contains more than 0.5% alcohol, the “normal” Advertising Code for Alcoholic Beverages (RvA) applies. - What if an advertisement contains both advertising for alcoholic beverages and non-alcoholic beverages?
If an advertisement for a non-alcoholic variant also contains alcoholic beverages, then the RvA applies. However, you may mention the name of an alcoholic beverage insofar as this is necessary to indicate that the advertised product is an alcohol-free variant of the alcoholic product. - Can you display the general logo of an alcoholic beverage brand in an advertisement for non-alcoholic beverages?
Yes, you may, but only if it is made directly and unmistakably clear that the advertised product is an alcohol-free variant of alcoholic beverage. Practically speaking, when advertising a non-alcoholic variant, it is advisable to put 0.0 before or after the logo or to have a separate logo used only for non-alcoholic products.
The final text of the new code is not yet available . However, it is possible to obtain the latest draft version of the code (16 February 2024) from the sector organization STIVA or from the advertising team here at Hoogenraad & Haak. Feel free to reach out if you would like receive a copy.