ARTICLE
1 July 2025

Is A Ban On Alcohol Advertising Really On The Table?

FK
Frankfurt Kurnit Klein & Selz

Contributor

Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
According to the Times, the UK is considering a ban on alcohol advertising as part of the NHS's ten-year plan to shift focus from reactive to preventative care.
United Kingdom Media, Telecoms, IT, Entertainment

According to the Times, the UK is considering a ban on alcohol advertising as part of the NHS's ten-year plan to shift focus from reactive to preventative care.

The plan is due to be released next week, and will apparently include a ban on alcohol advertising, though it is reported that a minimum unit price scheme for England along the lines of those in Wales and Scotland has been rejected.

Other media appear to be suggesting restrictions along the lines of those being introduced in January for less healthy foods, which include timing restrictions on TV and a complete ban online. The introduction of those rules has already proven challenging, with arguments over the details (mainly over what is and isn't caught by the ban), and the start date has been put back several times so far - causing something of a bun fight among politicians, regulators and the food and drinks industry an advertising industry.

A sobering thought

At the moment, the plans to ban alcohol ads appear to be somewhat speculative, and given the controversies about, and delays to, the rules on advertising less healthy foods, it will be a brave step to introduce yet more rules to make the UK an even less appealing place to do business.

A high bar

The CAP and BCAP Codes already contain strict rules stating that advertisements for drinks should not be targeted at people under 18 and should not imply, condone or encourage immoderate, irresponsible or anti-social drinking. As well as the CAP and BCAP Codes, the Portman Group regulates issues such as packaging and sponsorship.

We say tomato, you say Bloody Mary

In the US, interestingly, but perhaps not surprisingly in the current climate, the trend is going the other way. With the Board of New York's Metropolitan Transportation Authority voting to allow alcohol advertising on New York City buses, subways, and elsewhere in the City's transit system - you can read more about that US development in this post by Jeff Greenbaum from US GALA firm, FKKS.

Last orders for alcohol ads?

Back in 2022, the Scottish government proposed restrictions, but didn't take them forward in the end. Given that alcohol advertising is already so strictly regulated, we query whether a complete ban is needed or is proportionate, given the government's desire to reduce regulation.

www.fkks.com

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