On March 25, 2013 the Russian government presented a new
legislative initiative aimed at exercising stricter control over
food additives and life science advertising: draft law no. 246197-6
“on amending the federal law ‘on advertising’ and
article 14.3 of the Code of Administrative Offenses” (the
Administrative liability may apply to advertising
Russian advertising law provides certain requirements regarding
the advertising of biological and food additives. However,
violation of these requirements results in administrative liability
only for the company that orders the advertising, and not for the
advertising distributor. To evade liability, advertisers can enlist
fly-by-night companies to order advertising on TV channels and
radio stations. Where there are violations, the Russian authority
cannot impose administrative fines, as these companies are wound up
at the moment of the administrative investigation. As a
countermeasure, the Russian government plans to introduce
administrative liability for advertising distributors as well.
Warnings in advertising
Current Russian law provides that food additives listed in
advertising should be restricted to those that are pharmaceuticals
or that have a medical effect. As this requirement is often
violated, the Russian government suggests that non-medicinal
additive information in advertising should be accompanied by a
warning that the additive in question is not a pharmaceutical, and
that these warnings should be:
in radio advertising, no less than three seconds;
in TV and cinema theatres advertising, no less than five
seconds and occupying no less than seven per cent of the
in other types of advertising, no less than 10 per cent of the
To date, the violation of special provisions on additives and
life sciences advertising incurs liability which is the same for
violations of other advertising rules (with several exceptions):
the administrative fine for a company ranges from RUR 100 000 to
RUR 500 000, and/ or the fine for a corporate executive ranges from
RUR 4 000 to RUR 20 000. The draft law provides that a special
provision should be introduced to the Russian Code of
Administrative Offenses focused on violations of additives and life
sciences advertising provisions. Should the draft law mature into
law, the minimum fine for a company will be increased from the
current RUR 100 000 to RUR 200 000, and the minimum fine for a
company's executive will be raised to RUR 10 000 from the
current RUR 4 000.
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