Advertising Code for non-alcoholic variants of Alcoholic beverages (EN)

Paragraph 1
In advertisements for a non-alcoholic variant of alcoholic beverage, no alcoholic beverages may be shown. The name of an alcoholic beverage may be mentioned only to the extent necessary to indicate that the advertised non-alcoholic variant of alcoholic beverage is a variant of the alcoholic beverage mentioned in the advertisement (e.g.: “non-alcoholic variant of [brand]”).
Paragraph 2
When showing the advertised product in advertising for an non-alcoholic variant of an alcoholic beverage, it must be immediately clear that that it is an advertisement for the non-alcoholic variant or that the product shown is the non-alcoholic variant of alcoholic beverage and not an alcoholic beverage.
Paragraph 3
Showing the general logo of a beverage brand or showing or mentioning the
general brand name of a company that (also) markets alcoholic beverages, or the general name of an alcoholic beverage is only permitted if it is always made directly and unmistakably clear that it concerns an non-alcoholic variant of alcoholic beverages (e.g.: by using indications such as “0.0%”, “alcohol-free, alcholvrij”, “non-alcoholic”).
paragraph 4
If an advertisement does not comply with paragraphs 1 to 3 of this article, then the Advertising Code for Alcoholic Beverages applies to the entire advertisement.

Advertising messages for non-alcoholic beverages of alcoholic beverages may not portray abstinence of alcohol consumption or moderate alcohol consumption negatively, nor may the advertising of alcoholic beverages be contrasted favourably against any non-alcoholic beverage.

Advertising messages for alcoholic beverages shall not be aimed specifically at minors. More specifically the messages as described in the explanation of Article 3 are not permitted.

Explanation of Article 3

Forbidden advertising messages within the scope of Article 10 of the Advertising Code for Alcoholic Beverages (RvA) are particularly (this list is not exhaustive):

• messages in which teenage idols are used;
• messages/promotions in which promotional items are used (such as little dolls, cuddly toys, toy cars, games, stickers, buttons, soccer cards, beach toys or school-related articles) as far as these are specifically aimed at minors;
• music that can be downloaded for free, specifically aimed at teenagers;
• messages in which music is used that is specifically aimed at teenagers;
• messages in which the specific language of young people is used;
• messages that make use of situations that refer to teenage behaviour: puberty, adolescent infatuation, school parties, examinations;
• messages in which Sinterklaas or Santa Claus is used as far as these are specifically aimed at minors;
• messages that make use of any style that at that moment is fashionable amongst minors;
• messages using names and/or images of zoos or amusement parks;
• activations in which – directly linked to the sale of alcoholic beverages – entrance tickets or other items are given away from zoos or amusement parks;
• offering premiums to minors during catering promotions;
• replicating sports stadiums by means of alcoholic beverage packagings in the context of alcohol advertising;
• in the context of an advertising for a non-alcoholic variant of an alcoholic beverage, building an arch of honour by means of packagings of alcoholic beverages at the entrance of a sales point for alcoholic beverages, under which every visitor who enters this sales point must pass;
• in the context of an advertising for a non-alcoholic variant of an alcoholic beverage, using promotional displays with flashing illuminated elements, except insofar as these have a function in the context of providing information to consumers in the context of consumers making a purchasing decision as far as these are specifically aimed at minors;
• using interactive (rolling) promotional displays in the context of an advertising for a non-alcoholic variant of an alcoholic beverage as far as these are specifically aimed at minors.

Advertising messages for alcoholic beverages may not show any persons who are:

• younger than 18 years old or
• clearly look younger than 18 years old.

Advertising messages in which one makes use of staged situations with scripts and models that are hired by or by order of the advertiser, may not show any persons who are:

• younger than 25 years old or
• clearly look younger than 25 years old.

The use of a (well-known) person, such as influencers, artists, musicians etc. on the initiative and with financial compensation from the advertiser in advertising messages, even if this happens via platforms over which the advertiser has no (editorial) control, other than activations in the context of corporate social responsibility, is not permitted if this person:

• is younger than 25 years old or
• clearly looks younger than 25 years old.

Explanation of article 4
Facebook and other (social network) sites with photos in which persons are portrayed who have not been hired by the advertiser and where the content of the site is managed by or on behalf of the advertiser and where the advertiser has editorial control, may not show any persons who are younger than or clearly look younger than 18 years old. Images of events sponsored by brands of alcoholic beverages, where people under the age of 18 are shown in an active way (for example at football matches and concerts), may be shown provided that these underage influencers, musicians and/or artists are not actively deployed in the context of the promotion of alcoholic drinks.

Advertising messages for non-alcoholic variants of alcoholic beverages may not suggest that the consumption of non-alcoholic variants of alcoholic beverages alcoholic beverage is a sign of maturity and that abstinence from the consumption (other) non-alcoholic variants of alcohol beverages is a sign of immaturity.

No advertising of non-alcoholic variants of alcoholic beverages in any form may reach a public that consists of more than twenty-five percent (25%) of minors. The reach is determined over a representative measuring period that is determined on the basis of the concrete circumstances of the case (among other its location, medium, impact, proportionality) and by means of reach figures that are as objective as possible.

The standard for determining the reach of advertising messages is the generally accepted survey for this purpose in the market and, in case not available, any other valid and representative evidence.

In case of events, the attendance figures are the standard for determining the reach of advertising messages. The burden of proof regarding the reach of advertising messages falls on the advertiser, who has to base his figures on generally accepted viewer or listener ratings in the market or any other valid and representative evidence. As far as web sites and their subpages are concerned, one should make a reasonable case for using user profiles.

Article 6 is not applicable to advertising messages that are part of the regular street scene and to incidental situations on which the advertiser has no influence. Regular street scene means all those situations that you may reasonably expect in the street scene which are also in accordance with this Code, such as light boxes with the brand name and/or logo of the brands that are on draft or served in the front of cafes and/or restaurants and abri’s. Incidental situations are situations with a single character, like the entry of Sinterklaas/Santa Claus in a part of the town or a village. Another example is a situation where a promotion team moves from one catering establishment to another without actively advertising and happens to encounter a group of minors.

Advertising messages for non-alcoholic variants of alcoholic beverages may not be broadcast on radio and television immediately before, during, or directly after programs that, according to viewer or listener rating figures generally accepted in the market, are listened to or viewed by more than twenty-five percent (25%) minors.

paragraph 1
Broadcasting stations for youngsters may not advertise for alcoholic beverages and non-alcoholic variants of alcoholic beverages.

paragraph 2
Magazines that are specifically aimed at minors may not advertise for alcoholic beverages and non-alcoholic variants of alcoholic beverages.

paragraph 3
Internet sites that are specifically aimed at minors may not advertise for alcoholic beverages and non-alcoholic variants of alcoholic beverages

Annually, STIVA (Dutch Foundation for the Responsible consumption of Alcohol) asks an independent agency to determine which television and radio stations are regarded as youth broadcasting stations and issues a press release on this. Events organized by these channels are also prohibited from advertising alcoholic beverages.

Paragraph 1 – Additional effect
In addition to that which has been determined in the Dutch Advertising Code, the special   Advertising code for Social Media & Influencer Marketing (RSM) and in the Media law (Dutch: Mediawet), the rules of this Article apply for active internet marketing.

Paragraph 2 – Messages on an internet platform under control of the advertiser & influencer marketing
a)         Advertising messages posted on an internet platform over which the advertiser has some degree of control and/or that are distributed by a third person with whom the advertiser has a relevant relationship in the sense if the Advertising code Social Media & Influencer Marketing (RSM), should comply with the Dutch Advertising Code and the RSM, irrespective of who posts the advertising message. When a complaint is acknowledged, the Advertising Code Committee and, on appeal, the Board of Appeal can designate the party to which non-compliance with this Code is attributable.
b)         The advertiser and distributor are both responsible for compliance with the RSM, whereby the advertiser has an active best-effort obligation. In addition, the advertiser has the duty of care stated in Article 6 of the RSM.
c)        For advertising placed on an internet platform over which the advertiser has some degree of control and/or which is distributed by a third person with whom the advertiser has a relevant relationship in the sense of the Advertising code Social Media & Influencer Marketing (RSM), one should use an 18+ age filter when available on the designated platform. This requirement applies to both organic content and to advertisements. Platforms with an age filter are at least YouTube, Instagram, Facebook and X (formerly called Twitter).
d)         If third-party content (e.g. comments, likes, etc) is placed on the aforementioned internet platform, where no age filter is available, then:
i)  the advertiser – in addition to the obligations under paragraph 3 sub a – should also have ensured that the person who wishes to post the comments is at least 18 years old, or
ii) this person must have declared that he or she is at least 18 years old.
e )        In case a declaration such as mentioned under paragraph 3d under ii) and/or in case of any reasonable doubt whether the person is at least 18 years old, the advertiser shall see to it that this person cannot post any reactions.

In case there is no selection or admission control possible for a certain internet platform, the advertiser should mention on a clearly visible and easily readable spot that the content of and posting on that internet platform is exclusively intended for persons of 18 years and older.

Paragraph 3 – Messages distributed by the advertiser
In case of active internet marketing, where the receiving party can be selected such as with, but not limited to, advertising messages through email or advertising on the basis of digital profiles that are linked to a cookie, the following should be adhered to:

a minimum age of 18 years must be used as effective selection criterion, or another suchlike selection criterion from which this minimum age follows.

Paragraph 4 – responding to social media accounts of third parties
Before making advertising comprised of placing or responding to a communication on a social media account other than that of the advertiser, the advertiser must have ascertained that the owner of that social media account is at least 18 years old. If this has not proven to be the case or if it is impossible to check his or her age, placing a comment or message by the advertiser is prohibited.

Paragraph 5 – Distributors (including influencers)
Advertising that consists of the distribution of advertisements for alcoholic beverages by a natural or legal person (Distributor) who has a relevant relationship with an advertiser in the context of distributing that advertisement must comply with all articles of the Advertising Code for Alcoholic Beverages.

Distributors who have a relevant relationship with an advertiser should be at least 25 years old and should also look 25 years old.

Advertising made through distributors must include the hashtag #Ad, #advertisement or other statement in accordance with the Explanation of Article 3 of the RSM. 

Paragraph 6 – TikTok
It is not permitted to advertise alcoholic beverages on the TikTok platform. The advertiser is also not permitted to distribute advertising or have advertisements distributed for alcoholic beverages on TikTok by a Distributor who has a relevant relationship with the advertiser (see Article 23, paragraph 6, with the obligation to comply with, among other, the RvA and thus the prohibition of advertising aimed at minors).

Explanation of Article 23 Social media paragrahp 2 and 3:
The “liking” by the advertiser on any post, status, photograph or other communication by third parties or “reposting” is prohibited, unless the advertiser can demonstrate that the owner of the relevant social media account is at least 18 years old. This is for example the case if it concerns an official account of a company or a well-known natural person. If a natural person is involved who is not well-known, the advertiser must, prior to posting the message or comment, have made it reasonably plausible that it concerns a person who is 18 years or older via the information on his/her profile page.

Please note: the rules based on legislation and regulations within the context of privacy and the protection of personal data (as currently laid down in the Personal Data Protection Act, the Telecommunications Act and the Distribution of Advertising by e-mail Code), apply as well, including the consent requirement, drawing attention to and providing the option of unsubscribing, and the information obligations, to the extent applicable.

Explanation of paragraph 6:
As soon as TikTok will have an age filter that functions well by general standards, the prohibition on advertising on TikTok under Article 9, paragraph 6, will lapse.

Guidelines to article 9 – Social media
All rules of the Advertising Code for Alcoholic Beverages (RvA) and the rules from the Advertising code Social Media & Influencer Marketing (RSM) apply to advertising messages in the form of internet marketing, and also to the content of third parties.

For advertising messages in the form of active internet marketing, the extra requirements of paragraph 2 through 5 are applicable.

Several platforms use different methods to ensure that content does not end up with people under 18. Make sure that you are aware of the possibilities per platform and apply them. If an age filter is available on a certain internet platform, then it must also be used as stated in Article 9, paragraph 2c. If a platform introduces a filter, this filter must be applied as soon as possible.

For example, Facebook, Instagram (owned by Meta), Snapchat and Youtube (Google) have signed a pledge that has ensured that since 2020, content from alcohol brands does not reach minors through their platforms. Make sure that you are and remain aware of this in the right way, and also in case of any future technical developments. Because of this, the compliance with paragraphs 2, 3 and 4 has become a lot easier for you.

Other platforms such as X already offer the possibility to work with an age check. Make sure to apply this, at least with new followers.

Other social media platforms

If the social platform does not offer the possibility yet to exclude persons younger than 18 years old by means of an age-check or similar age check or age filter, it is sufficient to mention in the bio of the platform, in a clearly visible and readable way, that the content is only intended for persons of 18 years and older. This does not apply to the TikTok platform. It is categorically not allowed to advertise alcohol on TikTok (see paragraphs 6). These are TikTok’s own rules, which also have to do with the fact that TikTok cannot (properly) filter for 18+ profiles and has a user population that is generally still partially underage.

Websites that function as a platform where advertising is used predominantly and for which the brand name or trade name of the non-alcoholic variant of an alcoholic beverage is part of the domain name, shall ask their visitors at their homepage or preceding to the first page of the website that is visited, by means of an age check, whether they have reached the age of 18 years. The age check should at least consist of the year of birth of the visitor. If the entered year of birth does not provide a definitive answer as to whether the person who entered it is 17 or 18 years old, the day and month of birth must also be entered. It is also permitted to perform age verification by making visitors log in through a social media account or other digital platform. The condition is that these platforms must use an adequate form of registration of the date of birth.

paragraph 1
The recommendation of non-alcoholic variants of alcoholic beverages by catering promotion teams may not be aimed at minors. The recommendation of alcoholic beverages by catering promotion teams is also not permitted in places where over more than twenty-five percent (25%) of the audience consists of minors at that point in time.

paragraph 2
During catering industry promotions it is not permitted to offer non-alcoholic variants of alcoholic beverages free of charge, with the exception of sampling.

paragraph 3
During catering industry promotions it is permitted to organize a sampling.

paragraph 4
Catering industry promotions shall be carried out by persons of 18 years or older.

paragraph 1
Advertising for non-alcoholic variants of alcoholic beverages is not permitted on billboards, swanks, bus shelters and illuminated street advertising columns that are placed in view of alcohol rehabilitation centres or primary schools, secondary schools, centres for intermediate vocational education and other educational institutions that are attended primarily by minors, neither when these are placed along motorways or other roads outside built-up areas.

paragraph 2
Advertising messages for non-alcoholic variants of alcoholic beverages may not be shown in cinemas before children’s films, family films dubbed in Dutch and before children’s matinee films and school performances. As to other films, advertisements for alcoholic beverages may only be shown if no more than 25% of the audience consists of minors.lid 1.
Reclame voor een alcoholvrije variant van alcoholhoudende drank is niet toegestaan op billboards, swanks, Abri’s en Mupi’s die zijn geplaatst in het zicht van ontwenningsklinieken of basisscholen, middelbare scholen, mbo’s en daarnaast andere onderwijsinstellingen die in meerderheid door minderjarigen worden bezocht.

Visiting an exhibition or taking a guided tour in a brewery, distillery or winegrowing company is not permitted to persons under the age of 18, except if:

• they are accompanied by an adult during the visit;
• the exhibition or guided tour is predominantly aimed at the production process and/or workmanship and/or the connectedness with a city or region and focuses less on the recommendation of a certain brand of alcoholic beverage;
• the on-the-spot consumption of a non-alcoholic variant of an alcoholic beverages should always take place in a space which is physically separated from the exhibition space or from spaces that are part of the guided tour, with the exception of tasting intermediary and/or end products of the brewing/distillation/fermentation process in small quantities and by way of explanation. All applicable laws and regulations, among which in particular those with regard to the age limits for providing alcoholic beverages, shall be complied with.

Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% shall not be aimed specifically at pregnant women.

Paragraph 1
Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% may not establish a connection between the consumption of alcoholic beverages and active participation in traffic using a vehicle of any kind.

Paragrap 2
If a recommendation of non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% are shown on a vehicle, then the vehicle shall also bear a clearly legible warning against active participation in traffic after the use of alcohol. Exceptions are vehicles used for the transportation of alcoholic beverages, such as trucks, vehicles for technical services of the hospitality and catering industry. Paragraph 3.
Advertising messages for non-alcoholic variants of alcoholic beverages with an alcoholpercentage between 0.1 and 0.5% may not be placed along motorways or other roads outside built-up areas.