Alcohol and Society (Denmark): First fine ever for targeting alcohol marketing at minors

Lately a ruling in Denmark - the first of its kind - provides that alcohol has no place in advertising targeted minors. The ruling is a victory for the Consumer Ombudsman, as well as for Alcohol and Society (former Danish Alcohol Policy Network) being the fruit of several complaints throughout the years.

New law stood its ground

Two years ago in 2008 the Danish Consumer Ombudsman clamped down on youth travel agencies with the law addition of 2006 as his legal basis. He thereby introduced a complete ban on alcohol in marketing targeted minors (below 18). December 2011 the law was put to the test and stood its ground. The court has sentenced the youth travel agency, Dansk Ungdomsferie Aps a 55.000 fine (7.000 Euros) for targeting minors and encouraging alcohol consumption.

Hereby the Consumer Ombudsman has been granted a court order, which implies a general prohibition against using alcohol as eye catcher in marketing aimed at minors. The case is a travel advert in the youth magazine “Chili”. The ad linked to the company web site, which featured several references to alcohol, for example: Photos of adolescents partying and expressions like: “pub crawl”, “we visit 5 bars in 4 hours each with its own specialty”, “one hour free Sangria”, “HAPPY HOUR on additional drinks and cocktails”, The Glass offers 3 hours free bar to light up the party, which soon reaches a boiling point”.

Mere presence of alcohol banned

The Consumer Ombudsman is satisfied with the result. Being the first verdict regarding a violation of the 2006 addition to the Marketing Practices Act, it assesses the ban on encouraging minors to drink alcohol. Moreover the ruling makes clear, that a marketing activity does not need to be gross or aggressive to be ruled out. The mere presence of alcohol in an advertisement is enough.

“This is a test case, and obviously I am pleased that the court agreed with our assessment that the marketing of Dansk Ungdomsferie Aps violates the provision regarding encouraging adolescents to drink alcohol” states the Consumer Ombudsman, Henrik Øe and continues: “I am also very content that it clearly appears from the ruling that the provision is not limited to apply to cases of gross or aggressive character only. This court ruling is of great consequence to similar cases in the future. “

The court rules that the description of the activities on the destination along with the pictures imply a direct or indirect encouragement to drink. The court considers the marketing in question to be targeted at youngsters below the age of 18. The court emphasizes that the advert was found in the youth magazine Chili, which is distributed in high schools, and that the agency had minors as their customers (today they only addresses a +18 clientele). On this basis the court find that the agency had violated the Marketing Practices Act, paragraph 8, 2 pursuant to which marketing targeted at children and adolescents are prohibited to encourage drinking directly or indirectly.

Fine doubles marketing budget

The agency is fined Danish Kroner 55.000 (Euros 7.000). By determining the fine the court used the company’s marketing expenses as basis, and doubled the amount.

The Marketing Practises Act § 8, 2

"Marketing targeted at children and young people is not allowed directly or indirectly to urge violence, use of drugs, including alcohol, or other dangerous or ruthless behaviours; or in any other way make improper use of violence, fear or superstition, for instance as a gimmick"

The provision came into force July 1. 2006

Source: Press release, The Consumer Ombudsman, December 5, 2011