The Law Today

Law No. 21.363 establishes rules on the marketing and advertising of alcoholic beverages and advertising of alcoholic beverages.

01 Sep 2021

Introduction

On August 6, 2021, Law No. 21.363 was published, which establishes rules on the commercialization and advertising of alcoholic beverages, and others indicated therein. In view of the above, Law No. 19.925 on the sale and consumption of alcoholic beverages was amended as follows:

1. Sale of alcoholic beverages

A prohibition on the sale of alcoholic beverages in gasoline stations or gas stations that do not have a license that allows their sale is established. It establishes the prohibition of entry of minors under 18 years of age to cabarets, canteens, bars, taverns and discotheques where alcoholic beverages are sold, when it is the main commercial license of the premises, that is, if a restaurant has an annexed license of bar, it will be the first one that will take precedence. In addition, in those establishments, an identity card must be required to enter the premises. Along with the above, in all premises where alcohol is sold, at the time of sale, an identity card must be requested from any person wishing to purchase an alcoholic beverage.

2. Advertising of alcoholic beverages

A new article 40 bis is created in the Alcohol Law, which establishes that all alcoholic beverages with an alcohol content of more than 0.5  and which are intended to be commercialized in Chile must have warnings on the container and its packaging about the harmfulness of its consumption, regulating also the advertising of such beverages through a new regulation. Violation of this provision will be sanctioned with a fine of between 5 and 200 UTM and confiscation of beverages. This provision will come into force one year after the regulation is published.

Likewise, a block of alcoholic beverage advertising on television between 22:00 and 06:00 hours and on radio between 16:00 and 18:00 hours will be created. Violation of this provision will be sanctioned with a fine of between 20 and 200 UTM. This provision will come into force 36 months after the regulation is published.

Repeated offenses may double the fine.

Finally, the advertising of alcoholic beverages is prohibited in sports activities that are not of a world, continental or regional nature.

The regulations must be issued one year after the publication of this law.

Contact

If you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl) or Rocío Vergara (rvergara@jdf.cl).

JDF