Response of Russia’s Federal Antimonopoly Service to Expocentre’s Query Concerning Advertising of Alcohol Products
Dear participants of “Alcoholic Drinks” thematic sector at PRODEXPO Exhibition!
Please be informed that according to the clarification of FAS received on 22.01.2013, tasting of alcoholic products on the exhibition stand, holding OUTSIDE Promotion campaigns, is not considered advertising and is not subject to the rules of the Federal Law "On Advertising".
In this regard, "Expocentre" reports that there is no need to organize a previously announced tasting area in restaurant "Genatsvale City."
Thus you can organize tasting on your stand.
FEDERAL ANTI-MONOPOLY SERVICE
(FAS of Russia)
STATS-SECRETARY DEPUTY HEAD
Mr. S.S. BEDNOV
Dear Mr. Bednov,
FAS Russia is hereby forwarding, in addition to the letter # AK/1678/13
ŔÖ/36599/12 of 09.11.2012, a clarification to item 4 of the said Letter.
According to part 4 of Article 21 of the Federal Law “on Advertizing”, it shall be allowed to conduct Promotion Sessions, which include distribution of samples of alcohol products to the present members of the Public, subject to the requirements set forth by the Law of the Russian Federation on Advertizing being observed and subject to the venue of such Advertizing Sessions being of a stationary trading premises nature. While conducting such activities, it is not allowed to involve under-aged persons in those activities and offer those under-aged persons the samples distributed.
The above Norm sets forth the procedure for conducting the described type of activities accompanied by distribution of samples of alcohol products. As tasting of alcohol products constitutes a form of distribution, promotion sessions accompanied by tasting shall only be allowed in stationary type retailing venues.
Accordingly, in consideration of Part 2.1 of Article 21 of the Federal Law on Advertizing, promotion sessions outside a stationary type retailing venue accompanied by tasting of alcohol products, which contain 5% and more of Ethyl Spirit by volume, shall be deemed forbidden by the Federal Law “On Advertizing”.
At the same time, tasting of alcohol products outside the scope of a promotion/advertizing session shall not be deemed part of advertizing concept and are not regulated by provisions of the Federal Law “On Advertizing.”
In addition, we are drawing your attention to the fact that an exhibition of any products is not regarded as advertizing activities and shall not be deemed included in the target area governed by the Federal Law “On Advertizing”.
Deputy head of Federal Antimonopoly Service of Russian Federation