Advertising zero-alcohol drinks ‘flagrant breach’ of laws, campaign group claims

Advertising alcohol-free versions of alcoholic drinks at sports events, on public transport and near schools is a “flagrant breach” of the intention of laws that restrict marketing of alcohol products to children, a campaign group has said.

On Wednesday, Alcohol Action Ireland (AAI) launched a campaign called Time to Close the L0.0phole, Minister, calling for an amendment to the Public Health (Alcohol) Act to ensure marketing restrictions are applied on zero-alcohol products.

Under the Public Health (Alcohol) Act, alcohol products are not allowed to be advertised on public transport, near schools or on the field of play at sporting events.

Since January, the act has also introduced a daytime broadcasting ban on alcohol advertisements, meaning they cannot be aired on television from 3am until 9pm and on radio between 3pm and 10am.

However, zero-alcohol products with similar branding to their full-strength equivalents are being marketed in these locations, something the campaign group described as “circumventing” the legislation.

Sheila Gilheany, chief executive of AAI, said the “law is clear” and trade descriptions such as trademarks or logos are prohibited.

“During the recent Six Nations match against England, the Guinness logo, with 0.0 tagged on, was emblazoned in the centre of the pitch,” Ms Gilheany said.

Televised sports events “are among the most popular programmes for children to watch”, she said. “There are thousands of children watching [them]. They’re looking at this, they’re seeing alcohol branding. I don’t think they’re distinguishing too much between 0.0 and not.”

Ms Gilheany said “perhaps there needs to be a tightening up” of the legislation but “one way or another it needs to be addressed”.

“We have a problem with alcohol in this country. If you’re talking about that younger age group … 15-to-24 year olds, 37 per cent of those who drink would have an alcohol use disorder,” she said.

The campaign is supported by Kathryn Walsh, a former senator and current director of policy and advocacy at the National Youth Council of Ireland, who said the situation is a “blatant exploitation” of the rules.

“Companies are using brand advertising via 0.0 per cent alcohol products to increase brand awareness – which in turn leads to increased consumption,” she said.

“0.0 per cent alcohol product advertising and brand advertising is a fig leaf for alcohol advertising and consumer recruitment, with young people being the target.”

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Cormac Healy, director of Drinks Ireland, which represents the drinks industry, said linking restricting the advertisement of non-alcoholic drinks and reducing alcohol consumption is “patently misguided and nonsensical”.

“The suggestion that the industry targets children in their advertising is utterly wrong and paints a wholly inaccurate sensationalist view of the industry and belies the strict parameters within which they advertise,” he said.

“Attempts to conflate alcohol and non-alcohol variants deliberately misrepresents the reality of how these products are being consumed and who benefits from them.”

Mr Healy said the advertising of zero-alcohol products adheres to “distinct and clear guidelines” from the Advertising Standards Authority, including that they should only be directed at adult audiences.

“Informed decision-making and long-term cultural shifts toward moderation are more effective than restrictive, one-size-fit-all policies.”

Ruth Coppinger TD submitted a parliamentary question to the Health Service Executive (HSE) relating to the Ireland and England match.

In response, Dr Maurice Mulcahy, regional chief environmental health officer at the HSE, said his office, which enforces the provisions in the act, is “aware of the alleged breaches” of the broadcast watershed at the match and is “investigating the matter”.

“However, in relation to zero-alcohol products it is our view that these products fall outside the definition of an alcohol product,” he added.

The Department of Health was also contacted for comment.