Federal Court confirms ban on advertising unit prices for drinks in clubs
Pubs are not allowed to advertise that they sell drinks at a low unit price on certain evenings. The Federal Supreme Court supports the view of the Federal Alcohol Board that such advertising violates the ban on advertising cheap spirits.
The St. Gallen Glow Club regularly organized the "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 Swiss Alcohol Board (SAB) banned the club from advertising in this way around a year ago. It took the view that such advertising violated the ban on advertising distilled water at discounted prices. The Federal Administrative Court confirmed this decision last April. The Federal Supreme Court has now dismissed the appeal by the company operating the club, as reported by SDA on Thursday. It had argued that its advertising had not promised any discounts at all. Rather, it was merely the indication of the price. However, the judges in Lausanne share the view of their colleagues in Bern that the announcement of a unit price creates the impression of a discount - even for schnapps.
The fact that drinks are sold at five francs on "Schägge-Fritig" inevitably implies that the price is higher on other days. Whether a discount is actually granted is irrelevant. The decisive factor is rather that the guest believes this and consumes more distilled water because of the advertising.
The Swiss Alcohol Board (SAB) banned the club from advertising in this way around a year ago. It took the view that such advertising violated the ban on advertising distilled water at discounted prices. The Federal Administrative Court confirmed this decision last April. The Federal Supreme Court has now dismissed the appeal by the company operating the club, as reported by SDA on Thursday. It had argued that its advertising had not promised any discounts at all. Rather, it was merely the indication of the price. However, the judges in Lausanne share the view of their colleagues in Bern that the announcement of a unit price creates the impression of a discount - even for schnapps.
The fact that drinks are sold at five francs on "Schägge-Fritig" inevitably implies that the price is higher on other days. Whether a discount is actually granted is irrelevant. The decisive factor is rather that the guest believes this and consumes more distilled water because of the advertising.
