Supreme Court bans alcohol advertising in stores: what can no longer be written on signs

The Supreme Court of Ukraine canceled the decision on the case of advertising leaflets in the store

The court decided to cancel the decision of the appellate instance regarding advertising leaflets with inscriptions 'promotion', 'try', and 'gift' in a regular store, which, in general, according to the State Consumer Service, were considered a violation of the law. The court recognized that these phrases are already regarded as advertising of alcoholic beverages, and from October 2023 this will be prohibited even inside stores.

The essence of the case began in December 2023 when the store contested the fine from the State Consumer Service of the Poltava region, arguing that the posters in the showcase and in the sales area are not advertising, but 'informing customers'.

The court of the first instance supported the business, asserting a violation of the inspection procedure. The appeal also justified the enterprise, but for another reason - considering that the signs do not affect advertising in general.

The Supreme Court reminded about the advertising restrictions on alcoholic beverages

The Supreme Court emphasized that advertising means any dissemination of information for commercial purposes, even if it is a free poster in the hall. If the inscription stimulates interest in alcohol or contains a call to action - this is already advertising, which is prohibited by law.

The court noted that it does not matter where the advertisement is placed - outside or inside, the main thing is that it influences the buyer or encourages purchase, taking into account vulnerable groups, including youth.

The case has been sent for reconsideration, where the store will have to prove that their 'promotions' were indeed information. It is also worth noting that supermarkets have revised prices for alcoholic beverages.

After the session held, the Supreme Court of Ukraine reviewed the store's complaint about the fine for violating advertising rules concerning alcoholic beverages and reminded about the restrictions in this area. This significant decision aligns with the strategy to combat harmful practices in advertising and selling alcoholic beverages.