On July 7, 2023, the new Regulation of Law No. 19.925 on the sale and consumption of alcoholic beverages (hereinafter, the “Alcohol Law”) was published in the Official Gazette, which refers to consumer information and advertising of alcoholic beverages to be marketed in Chile (hereinafter, the “Regulation”). These Regulations were issued as a result of the amendments introduced by Law No. 21.363, which establishes rules on the marketing and advertising of alcoholic beverages, which in turn amended the Alcohol Law, creating new Articles 40 bis and 40 ter, which refer to these Regulations.
The main points covered by the Regulations are:
1. The obligation of the producer, manufacturer and importer, as the case may be, to incorporate warning messages and graphics on the container, boxes and packaging of a promotional nature containing the product, dealing with the risks and consequences of the harmful consumption of alcohol, especially for populations at risk, such as pregnant women, minors and drivers, providing the format in which this must be done.
2. The specific way in which these warnings must be incorporated in any graphic or advertising action that is disseminated through written media or posters or advertisements of all kinds, whether physical or virtual, audiovisual and radio, including points of sale.
3. The obligation of the producer, manufacturer, distributor and importer of these products the energetic value or energy expressed in calories, per 100 milliliters of the product, delivering the format in which this must be done.
4. The prohibition of incorporating in public use goods any graphic action to stimulate the consumption of alcohol, with the exception indicated.
5. The prohibition of any form of advertising or any activity or publication of alcoholic beverages intended exclusively for minors, by any means. Establishing, in turn, the criteria according to which minors are induced to consume alcoholic beverages.
6. The prohibition of any form of advertising of alcoholic beverages in sports activities, such as the promotion, communication, recommendation or advertising of such beverages, their brands and products, with the exceptions indicated.
7. The time slot established for the advertising of alcoholic beverages on television and, likewise, the time slot in which this type of advertising is prohibited in the radio field.
8. The sanctions of confiscation and fine, indicating the parameters of the fines, for violations to the Regulation, distinguishing the case of recidivism, and the procedure according to which they will be applied.
Entry into force of the Regulation:
1. The provisions concerning warning messages and graphics, energy value of alcoholic beverages and penalties and procedures (points 1 to 4, and 8) shall enter into force one year after their publication in the Official Gazette.
2. The provisions regarding the advertising of alcoholic beverages (items 5 to 7) shall enter into force 36 months after their publication in the Official Gazette.