Poland: "The advertisement and promotion of alcohol is prohibited, with the exception of beer," according to Art 13, The Act on Combating Alcoholism. It seems clear enough. With the exception of beer, the advertisement and promotion of alcohol in Poland is prohibited. However, the reality, for better or worse, is not so clear. As with many laws, this prohibition is followed by a long list of exceptions, Warsaw Business Journal commented on April 4.

“First, let's take a look at beer. The general prohibition on alcohol advertising does not apply to beer. However, even this exception to the general rule is itself subject to further exceptions,” Paul Fogo, a senior attorney with Miller, Canfield, W. Babicki & Partners said. He added: “Advertisements directed at children are prohibited, as are advertisements linking the consumption of beer to being sexually attractive, physical fitness, financial success and a healthy lifestyle. Moreover, beer advertisements cannot be aired on television or radio between the hours of 6am and 8pm. Additionally, beer may not be advertised on magazine covers or in publications geared toward children. Billboard advertising is permitted, provided that at least 20 percent of the surface area is devoted to warnings on the negative consequences of alcohol consumption.

Previously, for a period of approximately two years leading up to EU accession, the prohibition against alcohol advertising applied equally to beer, including a prohibition against billboard advertising. However, in response to charges that such a blanket prohibition was contrary to EU law, the limitations imposed on beer advertising have been relaxed to the current restrictions.

The advertising of wine, or for that matter any beverage with an alcohol content of between eight and 18 percent, is subject to this prohibition. But again, certain exceptions to the rule exist. A producer or distributor of wine may advertise by means of sponsoring a sporting event, concert or other large-scale event by placing its name on a limited range of promotional materials, including magazine, poster, and billboard advertisements. Notice that this exception permits the wine producer or distributor to advertise its name, as opposed to the bottle of wine itself. The same limited right to advertise applies to television and radio. Again, only the name of the producer or distributor may be included as a sponsor of an event, and not an image of the bottle of wine itself. Moreover, with respect to television, a person cannot be used to promote the name of the producer or distributor.

The restrictions imposed upon the advertisement and promotion of vodka, in addition to any other beverage having an alcohol content of more than 18 percent, are the most severe. In contrast to a wine producer or distributor, a vodka producer or distributor may not display its name on a television advertisement promoting a sponsored concert or sporting event.

Now a few more exceptions to the general rule. Restrictions on the advertisement and promotion of alcohol do not apply to the sponsorship of non-public events, such as monthly business mixers or hotel grand openings. A vodka manufacturer is welcome to sponsor a monthly chamber of commerce business mixer, for instance, without fear of violating the law. Moreover, the advertisement of alcohol is permitted at the point-of-sale, meaning that a beer or vodka distributor may promote the sale of its product by hiring attractive hostesses or hosts to encourage shoppers to purchase a particular brand of beer or vodka within a designated area of a store set aside for alcohol sales. The restrictions against linking the consumption of alcohol and sexual attractiveness, physical fitness, and financial success don't apply at the point of sale.”

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