BRAZIL: Conar Has Launched New Rules Restricting The Advertising Of Alcoholic Beverages In Brazil

CONAR HAS LAUNCHED NEW RULES RESTRICTING THE ADVERTISING OF ALCOHOLIC BEVERAGES IN BRAZIL
Author: Maurício Maleck Coutinho, Veirano Advogados
Reviewed by: Valdir Rocha, Veirano Advogados

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As we reported in October 2007, the Brazilian government has released a national policy which fights not only alcoholism, but also social damages associated with irresponsible alcohol consumption, such as traffic accidents (drinking and driving) and violence.

This policy includes measures such as the creation of new rules regarding alcoholic beverages advertising, restrictions on the location of the retail stores and zero tolerance concerning the alcoholic level detected in drivers by the city police and highway patrols.

In view of this scenario and for purposes of advertising ethics, CONAR, the Brazilian Advertising Self-Regulation Council, has launched new rules concerning the advertising of alcoholic beverages, which have been in force since April 10th, 2008. All of these recent regulations came from the main principal rule: advertisements must be produced in a socially responsible manner. Some relevant examples of these new regulations are listed below:

Allowed broadcasting hours: from 9:30 p.m. to 6:00 a.m. (local time);
Children and teenagers shall not appear, in any manner, in the advertisements; any person appearing in the commercial shall be and look older than 25;
There shall appear no scene, illustration, audio or video that presents or suggests ingestion of the product;
No use of uniforms of Olympic sports shall be made as support to promote a brand;
Compulsory insertion of warning clauses, such as “DRINK WITH CAUTION”, “THE LESS YOU DRINK THE MORE FUN YOU HAVE”, “IF YOU DRIVE, DON’T DRINK”, and “THIS PRODUCT IS DESTINED TO ADULTS”; and
Outdoor advertising and similar: since they reach all ages, the commercials broadcast in outdoors, indoors, places of intense circulation etc., shall be restricted to exhibition of the product, brand and/or slogan, without consumption appeal, provided that the warning is included. Some exceptions to this mandatory addition: (i) static advertisement in stadium, samba stadium, gymnasium and other sports arenas, when only the product, brand and slogan are identified; and (ii) the mere expression of brand, slogan or exhibition of the product that uses competition means as support.

Parts of these rules seem extreme and some of them seem necessary. The point is that the social damages caused by the imprudent consumption of alcoholic beverages must be diminished, and one of the strategies recently found by the Brazilians was to limit this category of advertisement. Now, Brazil will have to watch how advertisers, advertising agencies and its society will react to these brand new changes produced by CONAR.