1.         Introduction

The Food and Medicine Administration No. 1112/2019, which came into force as of 28^th of February 2019, is enacted to regulate food, medicine, medical device, cosmetics and tobacco, which are referred to as “regulated products”. As can be seen from Articles 2 (1) and 2 (41) of this Proclamation, alcohol is included in the definition of “food” and “alcohol” is defined to refer to any drink with 0.5% more alcohol volume.   

 

This is legal brief summarizes the prohibitions and restrictions on alcohol advertising and the labelling requirements as provided in the Proclamation and the Directive for the Control of Advertisement and Labelling of Alcoholic Drinks (Directive No. 4/2011 E.C), which came into force in June 2019 and that is issued by the Ethiopian Food and Medicine Control Authority, as per Article 71 (2) of the Proclamation. The Directive which is in Amharic is attached hereunder. 

 

2.         Ethical Rules of Advertisements [Article 58 of the Proclamation and Article 4 of the Directive]

As per Article 58 of the Proclamation, the content of every advertisement and promotion of a regulated products, including alcohol shall not be false and misleading, be appropriate and ethical, and shall comply with the other requirements of the applicable laws.

 

Article 4 of the Directive also requires all alcoholic advertisements to be correct, appropriate, not misleading, in keeping with goods manners; respectful of social values and shall include health warning label [at least as stated in the Amharic version; cf Article 10 below].

 

3.         Categorization of Alcoholic Advertisements

The Directive divides advertisements into two: allowed and prohibited. The prohibitions pertain to a) channels and b) to illegal, immoral, and unfounded content in these advertisements.

 

3.1.          Permitted Channels [from the a contrario reading of Article 60 of the Proclamation and Article 5 of the Directive]

It is allowed to advertise alcoholic drinks using:

o   Newspapers and magazines;

o   Fliers and brochures;

o   Promotional articles and stickers;

o   Temporary banners spread in events; and

o   Digital social media platforms: Facebook, Twitter, YouTube and Instagram;

 

3.2.          Prohibited Channels [Article 60 (4) of the Proclamation and Articles 5 (1) and 5 (3) of the Directive]

It is prohibited to advertise alcoholic drinks using the following channels:

o   Televisions and Radios;

o   Billboards;

o   Outlet signboards; and

o   The prohibition also covers indirect advertisements of alcoholic drinks by associating them with non-alcoholic products.

 

 3.3.      Prohibited Places [Articles 18 and 60 (2) of the Proclamation]

It is prohibited to directly or indirectly advertise or sell alcoholic drinks:

o   At places of public gathering and sporting places;

o   On streets;

o   In condominium;

o   Health institutions;

o   Educational facilities, kindergartens, universities and colleges;

o   Government institutions;

o   Places of worship;

o   Cinema houses; and

o   At other places by unreasonably decreasing the size of the warning.

 

 3.4.        Prohibited Contents [Article 6 of the Directive]

These prohibitions mainly focus on the contents of the advertisements. They focus on the DON’Ts:

o  Do not associate the advertisement with fame or the famous, the successful, better psychology, maturity, as a sign or measure of self-confidence, and best personality;

o   Do not present the advertisement as a source of solution to problems, worries, health problems, as a stimulant or as a source of improved physique or attaining better stature or love life; and

o   Do not link the advertisement with sex, sport, children — their toys, stories, colors—or present the advertisement in programs that are primarily organized for children; this indictive listing seems to include every positive concept one can imagine.

 

3.5.          Prohibited Selling Methods and Prohibited Selling Areas [Article 60 (5) of the Proclamation and Article 5(2) of the Directive]

It is prohibited to sell alcoholic drinks using the following methods and places:

o   It is prohibited to offer any type of prizes including free give-away alcohol drinks or run lotteries to sell alcoholic drinks;

o It is prohibited to sell alcoholic drinks in some institutions, such as hospitals and schools. However, the Directive, which was expected to do so, did not outline the details of these prohibitions.

 

 3.6   Prohibitions on Promotion [Article 60 (1) of the Proclamation and Article 7 of the Directive]

o   Advertisement contents on promotional materials should be clear;

o   Advertisements should not be vague in relation to— product contents, side effects, and health warning;

o   It is prohibited to give promotional materials to persons under the age of 21; and

o   It is mandatory to include 21+ age in all promotional materials;

 

 3.7.       Prohibitions on Sponsorship [Article 60 (3) of the Proclamation and Article 8 of the Directive]

o Permitted advertisements cannot be aired [recognizing the product/company] as a sponsor, whether in cash or in kind, of an event mainly focusing on the under the age of 21;

o    Alcohol drinks whose contents are over 10 (ten) % alcoholic content are prohibited from all direct and indirect sponsorships of public and government holiday, exhibition, sports event, school event and other related youth-centered events;

o   The Ethiopian Food and Medicine Control Authority is empowered to decide on the type, content, depth of sponsorship of events, sports and music events organized to create social movement/mobilization and what events would fall in or out of this provision;

 

4.    Required Information to be included in products labels

The information on any product labelling (please note that "lablel" is defined by Article 2 (47) of the Proclamation as "all lables and other written, printed, or graphic material that is affixed to a regulated product or any of its container or wrapper and includes insert") is required to include

a)     facts which must describe every product;

b)    facts consumers should know, and warnings; and

c)     its labeling is required not to be misleading and shall not contain information that is inaccurate.

 

4.1.   Wrapping and labelling requirements [Article 55 of the Proclamation and Article 9 of the Directive]

o   The label shall contain its alcoholic volume in case where the alcohol is to be provided for public use;

o   The text "alcohol should not be consumed by women during pregnancy because of the risk of birth defect” should be visible/legible;

o   Best before/expiry date/ for over 10 (ten) % alcoholic content; and

o   21⁺ age or an equivalent text.

 

 4.2. Health and warning content on labels [Article 10 of the Directive]

A label should include a text to the effect that “alcohol may damage health”, and "driving under the influence of alcohol results in accident", which should at least be described in Amharic. A logo or pictorial depiction may be used to communicate these warnings;

 

4.3.   Size, position and language of warnings [Articles 53 (2) and 60 (1) of the Proclamation and Articles 11 and 12 of the Directive]

o   Warning, either in writing or sound that it is illegal to sell alcohol to a person under age of 21;

o   Not less than 20% of the size of the largest label;

o   Use two colors to ensure eligibility;

o   Do not cover it by another information;

o   It should be in Amharic or English;

o   In case where the warnings are not to be published on the container of the alcoholic drink, the material to be used to post the warnings should not be easily removable; and

o   Finally keep six-month record of all advertisement.

 

5.    Penalty 

On those who infringes the above prohibitions and limitations [Articles 67 (18), 67 (19), 67 (21) and 60 (26) of the Proclamation and Article 15 of the Directive]

o   Any person who contravenes the provisions of the Proclamation regarding the prohibitions or limitations on advertising, promotion and sponsorship activities will be punishable by imprisonment for not less than three months and a fine from Birr 30,000 to Birr 100,000;

o   Any person who prepares, publishes, transmits, or in any way participates in illegal or unauthorized advertisement or promotion as defined by the Proclamation and other law issued to implement the Proclamation will be punishable by simple imprisonment not exceeding three years and a fine not less than Birr 50,000;

o   Any person who sale alcohol in prohibited places will be punishable with simple imprisonment not less than six months or a fine not exceeding Birr 5,000; and

o  In case where any of the above infringements are committed by legal entity, the court may as appropriate order the closure, suspension or dissolution of the entity.

 Posted on November 15, 2019