/ 6 August 2003

SA’s final liquor bill restricts advertising

The final draft of the Liquor Bill, which was put to South Africa’s National Assembly trade and industry committee on Wednesday, restricts the advertising of liquor products in a manner which is false and misleading.

The Bill — which provides greater flexibility than previous drafts for liquor product companies to both manufacture and distribute their products — restricts advertising of any liquor or methylated spirit in a false or misleading manner “and in a manner intended to target or attract minors”.

Committee chair and African National Congress MP Rob Davies asked about the potential for warnings for use on alcohol products. “Is there a way that we can allow (the Bill) to provide for regulations?”

Democratic Alliance MP Mark Lowe, a member of the committee, said he supported the clause in general but asked how this would be implemented.

Deputy director general Astrid Ludin said greater certainty as to what was false advertising or advertising to attract minors “is a concept in consumer law”. It had been clarified by the Advertising Standards Authority and “ultimately this would be clarified in case law; one can’t in law provide an absolute certainty but there is quite a bit of precedent in international consumer law.”

Ludin said with regard to warnings on alcohol products, this “could form part of a commitment” that industry makes in terms of their registration — as licensed manufacturers or distributors — but this would be a subject of further discussion.

Director general Alistair Ruiters confirmed that this matter was being considered. “We are looking at dealing with this matter at the point of licensing.” – I-Net Bridge