Issues relating to the legality of the sale and advertising of alcoholic beverages have recently gained more attention. It is not uncommon to point out that similar restrictions on the sale of beer, wine, whisky or vodka to minors or their advertising should also apply to ‘non-alcoholic’ variants of these products. The Act on Upbringing in Sobriety and Counteracting Alcoholism (pl. “Ustawa o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi”, hereinafter: ‘the Act’) contains rules on the advertising and sale of alcoholic beverages. But do they also apply when running a ‘%-free’ beer or wine campaign? Amidst the existing loopholes, the industry is introducing a number of self-regulations for the responsible sale and marketing of ‘zero’ beverages.

As defined in Article 46 of the Act, an alcoholic beverage is “a product intended for consumption containing ethyl alcohol of agricultural origin in a concentration in excess of 0.5 per cent alcohol by volume.” Accordingly, alcoholic beverages exclude those with less than 0.5 per cent alcohol.

The statutory prohibition on the sale of beverages to persons under 18 only applies to alcoholic beverages (Article 15 (1)(2) of the Act). Respectively, non-alcoholic beers and wines and even non-alcoholic vodka are not covered. In other words, a trader is not obliged to refuse to sell non-alcoholic beer to a child. Moreover, he  cannot verify the age of the buyer against an identity card (Article 15 2 of the Act).

The above may seem shocking – after all, the Act is not only to prevent adult alcoholism, but also to ensure proper education and prevention among children. The detrimental consequences of selling non-alcoholic beers to minors are highlighted by the National Centre for Addiction Prevention (pl. “Krajowe Centrum Przeciwdziałania Uzależnieniom”). It mentions that ‘the sale of the so-called non-alcoholic beer (with an alcohol content of up to 0.5%) to minors will raise educational concerns and may violate the objectives of the above Act related to the prevention and solving of alcohol problems, especially among children and young people, as the consumption of non-alcoholic beer by children and young people develops beer consumption habits in adulthood. (…) It is worth noting that if the buyer is a child (for instance 13-year-olds), refusing to sell non-alcoholic beer may be explained by the public interest in fostering the right attitudes among children. In this context, it is worth noting Article 135 of the Code of Minor Offences. This provision stipulates that <<Whoever, while engaged in the sale of goods in a retail or catering business, conceals from the purchaser goods intended for sale or intentionally refuses to sell such goods without good reason, shall be liable to a fine>>. Applying the reasoning a contrario, it must be assumed that the scope of this offence does not include a legitimate refusal to sell. While a refusal to sell can be supported by age as regards a child, this refusal will be less justified in the case of a person on the brink of adulthood. Only the certainty that the purchaser is a child could be a presumed good reason for a refusal to sell in the situation in question[1]“.

The legal loophole outlined above was decided to be ‘patched up’ independently by brewing companies affiliated to the Union of Brewing Industry Employers – Polish Breweries (pl. “Związek Pracodawców Przemysłu Piwowarskiego – Browary Polskie”). In April 2023, at a press conference, the union announced the introduction of a new voluntary ’18+’ sign. The mark is displayed not only on the packaging of beer containing more than 0.5 per cent alcohol, but also on bottles and cans of non-alcoholic beer and in advertisements for these products. The union argued that the ’18+’ sign on non-alcoholic beers was intended to emphasise the position of its affiliated producers. They are of the opinion that the world of beer is an adult world and that all beers (including non-alcoholic ones) should only be sold and consumed by adults.

The law allows beer advertising under certain conditions. Such advertising cannot , inter alia

  • be directed at minors or present such persons,
  • combine alcohol consumption with physical fitness or driving,
  • suggest that alcohol has medicinal qualities or evoke associations with sexual attraction, relaxation or leisure, learning or work or professional or life success.

Moreover, beer cannot be advertised or promoted on television, radio, cinema and theatre between 6 a.m. and 8 p.m., in the youth and children’s press, on the covers of newspapers and magazines. If beer is advertised on advertising poles or billboards, it must contain visible and legible lettering stating that alcohol consumption is detrimental or that the sale of alcohol to minors is prohibited. Such lettering should occupy at least 20 per cent of the advertising area.

Since alcoholic beer advertising is permissible, non-alcoholic beer advertising should also be considered permissible. It is recommended that it be conducted under the same rules as those applicable to beer containing more than 0.5% alcohol.

With regard to other alcoholic beverages (such as wine or vodka), it is appropriate to refer to Article 131 sec. 3 of the Act, according to which: “it shall be prohibited to advertise, promote products and services whose name, trademark, graphic shape or packaging uses a resemblance or is identical to the designation of an alcoholic beverage or any other symbol objectively referring to an alcoholic beverage”.

In order to determine whether it would be lawful to advertise wine or non-alcoholic vodka, it would be necessary to consider whether the name and branding of the product (packaging, visual presentation) are similar or even identical to that of an alcoholic beverage. As most non-alcoholic wines have names and trademarks similar to those of products containing alcohol, their advertising and promotion will not be allowed. Advertising and promoting non-alcoholic beverages whose names are not the same as those of alcoholic beverages, but which are produced by entities with alcoholic beverages within their range, should also be approached with caution. In advertising such beverages, there may be “public dissemination of the names and graphic symbols of alcoholic beverage entrepreneurs, not different from those of alcoholic beverages, serving to popularise the trademarks of alcoholic beverages” – which is tantamount to prohibited advertising of alcoholic beverages.

In conclusion, advertising beer, wine or vodka in the 0.0 % variant requires extreme caution. In many cases, it must not be conducted or is subject to restrictions.


[1] Source: https://kcpu.gov.pl/prawo/pytania-i-odpowiedzi/