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• Colaboración con
  las instituciones
• Consumo responsable
• Decálogo para el consumo responsable
• Autorregulación publicitaria
• Código FEBE de Autoregulación publicitaria
• Fundación Alcohol y Sociedad
• Protección
  del consumidor
• Protección del medio ambiente

Código FEBE de autorregulación publicitaria

Chapter V. Deontological principles relating to specific forms of advertising

Article 11. CORPORATE ADVERTISING

1. Corporate advertising by companies manufacturing, importing or marketing beverages to which this Code applies is legal whenever it sets out to attain a certain and reasonable objective within the company’s corporate communications plan.



2. Nevertheless, corporate advertising may not be used as indirect advertising of particular beverages or brands whose advertising is prohibited in the medium through which it is disseminated.


In order to prevent any supposition of illegal indirect advertising within the meaning of the previous paragraph, corporate advertising shall at least fulfil the following conditions:



a) no corporate name, business name or other distinctive sign substantially identical to a brand whose advertising is prohibited in the medium through which it is intended to disseminate advertising may be used except in the hypotheses considered in this Article;

b) the complete corporate name or business name of the advertiser must be given;

c) the design of the advertising message must not evoke a beverage or brand, even without its being expressly mentioned, the advertising of which is prohibited through the medium in which it is intended to disseminate the advertising, using all necessary means to ensure that the consumer perceives without any confusion that it is not a question of advertising a beverage or brand prohibited in the medium through which it is intended to disseminate the said advertising;

d) it may not immediately precede or follow or coincide in time with advertising campaigns for brands or beverages leading to the recipient’s possibly establishing a direct link between them.



3. In particular, it shall be legal to use corporate advertising which, complying with the above-mentioned criteria, is carried out on the occasion of events of relevance to the legal-business life of the company which reasonably justifies its use, such as a stock exchange flotation or a share or bond issue.

Article 12. BRAND EXPANSION ADVERTISING

1. The use of a brand of one of the beverages to which this Code applies to designate another product, alcoholic or otherwise, or a service is the right of a company established by legal edict.



2. Nevertheless, advertising a product identified through a brand identical or similar to one of the beverages to which this Code applies must not be used as a form of indirect advertising of the said beverage in media in which its advertising is prohibited.


In order to prevent any supposition of illicit indirect advertising within the meaning of the previous paragraph, brand extension advertising for the products to which this Code applies shall fulfil the following conditions at least:



a) it must correspond to a real and reasonable intention to place the new product on the market;

b) once the product has been launched on the market, for its advertising to continue it must be possible to demonstrate that an average weighted distribution is being made, detectable on an independent index confirming its continued marketing;

c) it must clearly identify the product that is the subject of the advertising, so that the consumer is aware of its nature, using all necessary means to ensure that the consumer perceives without any confusion that it is advertising for a product different from that whose advertising is prohibited in the medium in which it is intended to disseminate it;

d) the advertising must not use common slogans, images or motifs that can be associated by the consumer with previous, simultaneous or subsequent campaigns relating to the beverage whose advertising is prohibited in the medium in which its intended to disseminate it.

Article 13. SPONSORSHIP

1. FEBE member companies and the beverages to which this Code applies which they produce or market may use advertising messages within their own Responsible Consumption Advertising (“Responsibility Advertising Message”). However, there must be no risk of confusion in consumers’ minds which may lead them to think that the said Responsibility Advertising Message is a sectoral message.
   
   
2. In view of the above, any FEBE member company intending to carry out Responsible Consumption Advertising must in all cases ensure that there is sufficient differentiation between on the one hand its Responsibility Advertising Message and on the other hand the FEBE Responsible Consumption Message, which means that the text of its Responsibility Advertising Message:
   
   
   a) must always be clearly linked to the brand or business name of the member company that uses it;
   
   b) must never be similar or sufficiently like the FEBE Responsible Consumption Message or use the same terms, even though structured differently, or the same typography;
   
   c) must always be larger than the FEBE Responsible Consumption Message and must appear in a clearly differentiated place where it can never be confused with the FEBE Responsible Consumption Message.
   
   
3. The Responsibility Advertising Message must not:
   
   
   a) make responsible use of the beverages to which this Code applies appear commonplace or trivial, evoke fear or negative feelings or denigrate or have a negative impact on the image of FEBE or any of its members;
   
   b) mislead;
   
   c) be associated with any content or conduct not permitted by this Code;
   
   d) be used for direct or indirect advertising for products or companies associated with FEBE, including advertising in those media in which the advertising of alcoholic beverages is not permitted, or be used in any other way to evade legal or self-regulation prohibitions in force as regards the advertising of the beverages covered by this Code.

Article 14. SPONSORSHIP

1. Sponsorship is that activity whereby a natural or legal person, called the sponsor, contributes towards the financing of any kind of social, cultural or sports event or a spot in communication media to the benefit of another natural or legal person, called the sponsored, with the objective of promoting the name, brand, image, activities or relations of the sponsor.


Simply contracting for static advertising at events does not constitute sponsorship, which in any case must comply with the legislation applicable in this field.


2. Sponsorship, and especially sponsorship of radio and television programmes, shall comply with the applicable legislation concerning the advertising of alcoholic beverages.


In so far as the beverages to which this code applies are concerned, FEBE member companies may not:



a) sponsor events specifically aimed at or minors or in which minors mostly participate;

b) sponsor events which are broadcast on television when the main objective of the said sponsorship is promotion through the medium of television of any alcoholic beverage whose advertising is prohibited in this medium.



Promotion through the medium of television is considered to exist when there is a consideration for the medium on the part of the member company, whether directly or through the organiser of the event or any other intermediary. Nevertheless, it is to be understood that promotion through the medium of television does not exist when the event is of informational interest in itself or forms part of sports competitions, cultural or social programmes, courses or series and any other acts provided that they are of an official nature.

Article 15. ADVERTISING ON THE INTERNET

1. Advertising on the Internet and the websites of FEBE member companies and/or those of their brands of alcoholic beverages to which this Code applies, both on national sites or international sites intended for the Spanish public (henceforth called “websites”) is governed by the provisions of this Code.



2. The websites of FEBE member companies and/or those of their brands of alcoholic beverages to which this Code applies must show, on the first page of the section of the website where alcoholic beverages to which this Code applies are displayed or promoted:



a) the FEBE Responsible Consumption Message, in accordance with Article 7 above. In the case of international websites intended for the Spanish public, the obligations laid down in this subparagraph shall be deemed to be fulfilled when a message is introduced similar to the FEBE Responsible Consumption Message, in a language easily understandable to Spanish users and meeting all the obligations that are mentioned.

b) For access thereto, a warning and a compulsory pass button which differentiates between adult users and non-adults and which the user must click in order to continue viewing the website, provided that he or she is an adult. The said button must appear in an immediately visible position as soon as the website opens and be of a size and colour making it clearly visible. If the user is not an adult, when the corresponding button is clicked the system sends the user back to the home page, refusing further access to minors.

c) Likewise, when there are questionnaires on websites for any kind of survey or for participation in promotions applicable to Spanish territory, they must include a request for the complete date of birth (day, month and year) and the system must refuse access to the data process to minors, sending the user back to the home page of the website.