The EU Audiovisual Media Services Directive: A Missed Opportunity to Regulate Alcohol Brand Marketing
Author: Jaydon Souter is a PhD Candidate and Graduate Teaching Fellow in Law at the School of Law and Social Justice, University of Liverpool. His research lies principally in the fields of EU public health law, consumer protection, digital law, and internal market law. His thesis focuses on the regulation of the digital marketing of alcoholic beverages and brands at both EU and national levels.
This blog draws from my PhD thesis and is based on a paper I presented at the 55TH UACES Annual Conference 2025 – it was a great opportunity to connect, learn, and share. A special thanks goes to the EUHealthGov network for funding my participation at the UACES conference this year. I would also like to extend my thanks to the EUHealthGov panels for sparking such rich and thought-provoking discussions, both during the sessions and in the conversations that followed. It was a real pleasure to be part of it all.
Alcohol consumption as a public health concern
The consumption of alcoholic beverages has been deeply entrenched in European society for many centuries and are widely traded across frontiers. However, alcohol is a psychoactive substance with intoxicating and dependence-producing properties (WHO, 2024). Moreover, recent evidence suggests that there is no safe level of consumption when it comes to alcohol. Alcohol consumption is also associated with a broad range of non-communicable diseases (NCDs). In the European Union (EU), the five major NCDs – cardiovascular disease, cancer, diabetes, mental health conditions, and chronic respiratory disease – account for 90% of deaths and 85% of years lived with a disability. Every year, NCDs cost the EU 700€ billion on treatment and represent the largest share of Member States’ healthcare expenditures which result in an estimated cost of 115€ billion annually. The consumption of alcohol, however, is a modifiable risk factor, which makes it possible to prevent alcohol-related NCDs.
Comprehensive restrictions on alcohol marketing
Over the years, there has been a growing evidence-base that the marketing of alcohol has been associated with increased consumption. In response, the World Health Organization (WHO) has recommended that states and governments adopt, among other things, comprehensive restrictions on the marketing of alcohol. Comprehensive restrictions should regulate both the content and volume of alcohol marketing, covering all marketing practices and all types of media. The development of technology presents an opportunity for alcohol brands to communicate to consumers in ways which were not possible half a century ago. Digital alcohol marketing crosses borders with even greater ease than television and is not easily subjected to control at the national level. The WHO (2012) specifically points out that the cross-border nature of alcohol marketing requires action at the supranational level, such as the European Union.
Despite this, the EU has not implemented many restrictions on alcohol marketing and where legislation does exist, this paper reveals that it does not deal effectively with contemporary marketing practices. In particular, this paper argues that current EU legislation tends to apply to product marketing only and not to brands more generally. The exclusion of brand marketing in the legislation provides a loophole through which the industry can exploit to continue to expose consumers, such as children, to alcohol marketing.
Understanding the brand marketing of alcohol
The use of brand marketing – whereby the marketing emphasises the brand rather than alcoholic beverages – has become common in recent years. One of the most prominent forms of brand marketing, which is particularly prevalent in sports, is corporate sponsorship. It is typified by the plethora of commercial agreements between alcohol brands and sporting events, teams and athletes. For instance, Jack Daniel’s Tennessee Whiskey has been an Official Partner of the McLaren Formula 1 Team from 2023 and Carlsberg Group has signed a long-term agreement to become the ‘Official Beer’ of UEFA National Team Football.
However, alcohol brands have adopted more subtle forms of brand marketing – in particular surrogate marketing and alibi marketing (see, without claiming completeness, Critchlow et al., 2024). Surrogate marketing, where non-alcoholic products are branded with alcohol-related brand names, has provided an opportunity for alcohol brands to continue to expose consumers to alcohol marketing without technically marketing alcohol. A notable example is Heineken 0.0, a non-alcoholic brand that carries the same branding as its full-strength counterpart. In addition, the industry also employs alibi marketing which involves using recognisable elements of an alcohol brand – such as its font, colours, strapline – without explicitly naming the brand. For instance, the word “Probably” from Carlsberg’s slogan “Probably the best beer in the world” was displayed during the UEFA Euro 2016 finals and the word “Greatness” styled in Guinness’ font was shown during active play throughout all 15 games of the 2019 Guinness Six Nations Championship. Thus, an alcohol brand need not directly promote an alcoholic beverage to be successful in communicating to consumers; it is able to adopt forms of brand marketing to maintain brand presence even in regulated environments.
The Audiovisual Media Services Directive
This paper exemplifies the above with one of the pieces of legislation that the EU has adopted. Since 2007, the Audiovisual Media Services Directive (AVMSD) has laid down rules on audiovisual media content across the EU. The AVMSD covers both television and “television-like” services, with Netflix being an example of the latter. Since 2018, the AVMSD also covers video-sharing platforms (e.g., YouTube) to reflect the ever-changing media landscape.
Since its adoption, the AVMSD has included provisions on, inter alia, commercial communications for alcohol. However, this paper argues that the extent to which these provisions protect consumers, particularly children, is insufficient. The paper attributes this, at least in part, to the fact that brand marking is far more sophisticated and pervasive than traditional product marketing. The result is that the alcohol industry is able to adopt alcohol brand marketing to evade the restrictions imposed by the AVMSD, exposing consumers to marketing which would not be permissible otherwise.
- Article 9(1)(e) of the AVMSD
Article 9(1)(e) of the Audiovisual Media Services Directive (AVMSD) states that “audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages.” While this provision appears to offer protection against harmful alcohol marketing, it falls short of the comprehensive approach that the WHO recommends.
Firstly, Article 9(1)(e) adopts the phrase ‘alcoholic beverages’ in the provision, which is not effective to prevent children’s exposure to alcohol marketing. A stricto sensu reading of ‘alcoholic beverages’ inevitably excludes brands from being included in the restrictions. Thus, if an alcohol brand adopts alibi marketing to promote its logo, strapline or corporate social responsibility objectives (i.e., the brand and its attributes), it is unlikely that the AVMSD will catch these forms of marketing. It is also likely to exclude no- and low-alcoholic (‘NoLo’) beverages which are packaged identically to its full-strength counterpart (save for a ‘0.0%’ displayed somewhere on the label). This is concerning in light of recent studies which suggests that consumers perceive NoLo products as ‘comparable’ and ‘indistinguishable’ from the alcoholic beverage.
Secondly, Article 9(1)(e) adopts the wording ‘aimed specifically at minors’. Thus, any commercial communications for alcohol which are not aimed specifically at minors are permitted by the provision. The alcohol industry uses brand marketing as an indirect form of marketing because its primary goal is not to promote a specific product or service, but to build awareness, trust, and emotional connection with the brand itself. Unlike direct marketing, which asks for an immediate action (like buying a product), brand marketing plays the long game.
- Article 22
Article 22 lists requirements to which commercial communications for alcohol must adhere. It states that:
Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria:
- it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages;
- it shall not link the consumption of alcohol to enhanced physical performance or to driving;
- it shall not create the impression that the consumption of alcohol contributes towards social or sexual success
- it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
- it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;
- it shall not place emphasis on high alcoholic content as being a positive quality of the beverages.
Article 22 is an attempt to reduce power from alcohol marketing because it prohibits alcohol marketers from establishing a nexus between the consumption of alcohol and desirable attributes. However, it is unlikely that Article 22 will apply to commercial communications for alcohol which adopt brand marketing. Similar to Article 9(1)(e), the provision applies to ‘alcoholic beverages’; only if a beverage contains more than 1,2% alcohol by volume will it fall within the scope of the provision: this excludes NoLo beverages. For instance, Article 22(b) states that the consumption of alcohol shall not be linked to enhanced physical performance or to driving. Nevertheless, it appears that alcohol brands are free to position NoLo beverages as possessing such attributes. In particular, Heineken 0.0 launched a campaign, involving a commercial communication in which a consumer is drinking Heineken 0.0 while driving his car with the strapline “Now You Can”. In light of a growing evidence-base which suggests that young people associate the branding and logos of NoLo products belonging to parent alcohol brands with the alcohol product, it raises concerns that alcohol brand marketing is a loophole through which the industry is able to continue to normalise the consumption of its products.
Concluding remarks
In conclusion, existing framings of alcohol marketing are not helpful when it comes to its regulation. The exclusion of brand marketing from the AVMSD creates a loophole through which the industry is able to continue to expose consumers to alcohol marketing, even in regulated environments. Thus, regulations should embody the WHO’s ‘comprehensive approach’ to prevent the alcohol industry from shifting its investment from regulated to unregulated forms of marketing. Without a renewed framing of alcohol marketing within the AVMSD, the consumption thereof will continue to be normalised.