Wine Law

LEGAL PROTECTION OF THE CONSUMER OF ALCOHOLIC BEVERAGES 255 between 8.30 p.m. and 6 a.m. the following day, unless this advertising is an indivisible part of the acquisition of rights and the production of the signal to be broadcast. e) Commercial communication of alcoholic beverages with a level lower than twenty degrees when it is aimed at minors, encourages immoderate consumption or associates consumption with the improvement of physical performance, social success or health.”. In turn, also in state headquarters, article 3(d) of Law 34/1988, of 11 November 11, General Advertising, considers unlawful advertising by reference to other regulations, to be that which infringes the provisions of the regulations governing the advertising of certain products, goods, activities or services 23 . Moreover, Autonomous Communities, such as Extremadura and Castilla La Mancha, have also regulated the advertising of alcoholic beverages, with Law 3/2017, of 1 March, and Decree 72/1996, of 30 April, respectively. Finally, the Resolution of the National Markets and Competition Commission (CNMC in Spanish) of 23 May 2018, declaring Atresmedia Corporación de Medios de Comunicación, S.A. liable for the commission of two continuous administrative offences of a serious nature, for having broadcast, on its television channels Antena 3 and Neox, twelve commercial sponsorships of alcoholic beverages with an alcoholic content of less than 20 degrees, outside the hours between 8.30 p.m. and 6 a.m. the following day, on 26 November and 24 December 2017, thus violating the provisions of article 18(3)(d) of Law 7/2010, and a corresponding fine of 145,147 € being imposed. The CNMC also sanctioned Mediaset with 118,728 € for more than sixty sponsorships of alcoholic beverages. In both disciplinary proceedings, two brands of alcoholic beverages ( El Gaitero cider and Desperados beer) sponsored different television spots, although with the indication that the beverage was “alcohol-free”. This reference was not accepted by the CNMC, which considered in its Resolution that cider is an alcoholic beverage, albeit with low alcohol content (a common characteristic of the concept of cider). The sparkling cider El Gaitero , with alcohol, is the advertiser’s best-known product and is known as “ Sidra El Gaitero ”. The concerned advertisement suffered from a lack of specification of the advertised product and used twice the name of a product with alcohol easily identifiable by the public. As such, the sponsorships, broadcast outside the 23 Additional to both state regulations, it is worth considering Royal Decree 1100/1978, of 12 May, which regulates the advertisement of tobacco and alcoholic beverages in the state media. This regulation is still in force to this day and only allows tobacco and alcohol ads on Spanish Radio and Television from 9.30 p.m. each day.