Alcohol advertising: Federal Court confirms advertising ban on unit price
Bars and clubs are not allowed to advertise that they will sell drinks at a low flat rate on certain evenings. According to the Federal Administrative Court, advertisements of this kind violate the ban on advertising discounted spirits.
This was reported by the SDA on Friday. A St. Gallen club regularly organizes the so-called "Schnägge-Fritig". The club advertised the events on posters, the club website and on the radio, stating that "almost all drinks" were available for five francs on Fridays. The Federal Alcohol Board banned the club from advertising in this way last October. The officials in Bern came to the conclusion that the advertising violated the ban on advertising distilled water at discounted prices.
The Federal Administrative Court has now confirmed this decision and dismissed the club's appeal. According to the ruling, it is initially clear that, according to the consumer's understanding, the offer also refers to spirits, even if it only refers to "almost all drinks". It is also irrelevant that not all spirits and alcopops were actually served at five francs. Furthermore, the addressee of the advertising must inevitably assume that the low unit price is a discount. It was not decisive whether the club actually kept the promise and sold the spirits below the normal or even the cost price. Advertising of this kind also encourages the consumption of alcohol if the customer is only led to believe that the discount exists.
The Federal Administrative Court has now confirmed this decision and dismissed the club's appeal. According to the ruling, it is initially clear that, according to the consumer's understanding, the offer also refers to spirits, even if it only refers to "almost all drinks". It is also irrelevant that not all spirits and alcopops were actually served at five francs. Furthermore, the addressee of the advertising must inevitably assume that the low unit price is a discount. It was not decisive whether the club actually kept the promise and sold the spirits below the normal or even the cost price. Advertising of this kind also encourages the consumption of alcohol if the customer is only led to believe that the discount exists.
