Court cases take a long time and their outcome is often uncertain until the end
Jakub Styczyński, Rynek Zdrowia: "Buy two wines, get one for a penny", "with six beers, three for free" – these are promotions that have been known for a long time. Recently, however, in Rynek Zdrowia we described the offer of the Żabka retail chain, in which for a certain amount you could pick up 10 beers within 20 days. Experts called it a "beer subscription". The company denied such a statement, emphasizing that it was a mere temporary offer. Is juggling with words important, or is it just an attempt to pull the wool over your eyes?
Dr. Patryk Kalinowski, lawyer at the Food Law firm, which provides services, among others, clients from the alcohol industry: Alcohol advertising should be assessed through the prism of the Act on Upbringing in Sobriety and Counteracting Alcoholism (hereinafter: the Anti-Alcohol Act). It was adopted in 1982, during the government of Wojciech Jaruzelski, which says a lot about its relevance.
The Act contains a very general ban on advertising and promotion of alcoholic beverages, which is understood broadly, including any method of public encouragement to purchase and consume it. Penalties for violating the act may amount to up to PLN 500,000. zloty.
I haven't heard of anyone being fined this much for violating alcohol laws.
Because in practice, the act contains many exclusions. For example, the ban does not cover beer advertising provided certain requirements are met. Similarly, the regulations do not cover promotional campaigns aimed at consumers at stands located in stores.
It often happens that consumers receive a message that, at first glance, may raise concerns about violating regulations. Because, for example, it encourages excessive alcohol consumption by selling, for example, multi-packs. But this message is often subject to the above-mentioned exemptions from the Anti-Alcohol Act.
There is no reference in the regulations to modern ways of promoting alcohol, e.g. on the Internet or via a mobile application.
The regulations are generally old and incompatible with modern market realities. One of the elements of advertising is that it should be public in nature, i.e. intended for a general audience. Some companies therefore believe that they can advertise alcohol products to users who have accepted the terms and conditions of a digital service, e.g. a given social media or mobile application, and have certified that they are adults and have therefore individually expressed their willingness to receive this type of message.
Nevertheless, there are media-high-profile cases in which sentences were passed for illegal promotion of strong alcohol on the Internet. In 2022, Bartłomiej Misiewicz was sentenced to a fine, and in 2023, Kuba Wojewódzki and Janusz Palikot were sentenced. However, these are rather individual judgments concerning well-known people, so it is possible that law enforcement authorities treated them as a priority.
