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    9. Advertising Aspects
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    9. Advertising Aspects

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    Beers, RTDs, Whisky
    Philippines


    This section provides information on regulations on advertising and if there are any restrictions or approval processes.

    9.1 Applicable Advertising Regulation

    General Food

    Advertisements must comply with the general principles in the below regulations: 

    • ASC Code of Ethics & Standard Manual of Procedures [1] 
    • Republic Act 7394 Consumer Act of the Philippines (Article 110 onwards) [2] 
    • DTI-DOH Joint Administrative Order No. 1 series of 2000 Prescribing a Schedule of Fees and Charges for Sales Promotion Activities [3].

    In general, there shall be no false, deceptive or misleading advertisements. 

    Advertisements shall not create confusion as to the identity of the advertiser, or the source, or the identity of a product or service.

    Advertisements shall not contain features, elements, or visual or aural presentations that are unique to the advertising of another brand regardless of category. Any advertisement which makes special claims shall also substantiate such claims; and properly use research result, scientific terms, statistics, or quotations. 

    For sale promotions, no person shall conduct any covered promotional campaign or activity prior to the issuance of the DTI permit. Specific rules and modes of sales promotion channels are in DTI Administrative Order No. 10-02 s. 2010 Addenda to DTI AO 2 s. 1993. [4] The provisions in ASC Code of Ethics & Standard Manual of Procedures [1] for sales promotions are:

    Category

    Alcoholic beverages

    Refer to Section 9.2 below for category-specific advertising restrictions. 

    Product

    1) Beer

    Same as "Category" (alcoholic beverages).

    2) Alcoholic ready-to-drink beverages (such as Chuhai) 

    Same as "Category" (alcoholic beverages) above.

    3) Whisky

    Same as "Category" (alcoholic beverages) above.

    9.2 Specific Restrictions on Advertising

    General Food 

    In general, there shall be no false, deceptive, or misleading advertisements. [1] 

    Please refer to Section 5 - “Claim Requirements” - of this guidebook. 

    Category

    Alcoholic beverages

    1. All alcoholic beverages, regardless of type of packaging, shall only be displayed in designated conspicuous area in all convenience stores, supermarkets, hypermarkets, groceries and other food retailing stores with prominent signage “ALCOHOLIC BEVERAGES.” Other beverages with alcohol regardless of level of alcohol content like alcopop (flavored beverage with alcohol content) shall likewise be displayed in this same designated area. These beverages shall not be displayed together with other products like juice drinks and MUST NOT be accessible to children;

    2. Owners or operators of sari-sari stores which may not have enough space to designate an area for alcoholic beverages and other beverages with alcohol content shall be responsible to ensure that subject beverages as mentioned in Item no. 2 above are not sold to minors (below 18 years old); and 

    3. Promotional and advertising materials on alcoholic beverages and beverages with alcohol content (regardless of amount) shall clearly state or inform consumers that such beverages contain alcohol, and therefore not to be promoted and advertised to be sold to and consumed by minors. Packaging and labeling materials shall not be appealing to children. 

    Sanctions and penalties over violations of any of the provisions of this FDA Circular shall follow the Rules of Republic Act No. 10611 and its IRR, otherwise known as the Food Safety Act of 2013. The FDA is enjoining all concerned, including local government units having jurisdiction on sari-sari stores, convenience stores, groceries, hypermarkets, supermarkets and other similar food retailing stores to strictly implement these guidelines. [5] 

    Basic Principles for Advertising of Alcoholic beverages [1] 

    • As an overriding principle, all advertisements of alcoholic beverages shall be so designed to market products to persons of legal purchase age in a responsible and appropriate manner. 
    • Advertisements of alcoholic beverages shall not incite or condone illegal behavior, excessive consumption, or undermine healthy lifestyles.

    Product

    1) Beer

    Same as "Category" (alcoholic beverages) above. 

    2) Alcoholic ready-to-drink beverages (such as Chuhai) 

    Same as "Category" (alcoholic beverages) above.

    3) Whisky

    Same as "Category" (alcoholic beverages) above. 

    9.3 Advertising Approval

    General Food

    Advertising approval is required from the authority. 

    Authority: Food and Drug Administration

    Requirements and Fees [9]: 

    • Integrated Application Form 
    • Completely and accurately filled-up Information Sheet and Mechanics of Sales Promotion 
    • Photocopy of valid Certificate of Product Registration (CPR) 
    • Advertising/Collateral Materials to be used in the promotion, if any 
    • Proof of Payment of Fees 

    Note: LRF refers to legal reference fee.

    The procedural guidelines on sales promo permit application is in FDA Circular No.2021-013 [8]. 

    Category

    Alcoholic beverages

    Same as General Food above. Additionally, the below apply:

    Screening Requirements and Process [1]: 

    The application for an ASC approval consists of a two-step process. Step 1 (S1 Screening) is for securing of Approval for Production and Step 2 (S2 Clearing) is for issuance of Clearance for Airing/Publication/Display/Posting. 

    Section 1: Application for Screening (S1) 

    Effective March 1, 2023, the Ad Standards Council shall only accept new S1 ad applications through the ASC online application portal: https://asconlineapp.com/

    1. The applicant must first create a User ID in the application portal. 
    2. After successfully creating a unique user ID, the applicant can make either of the three selections – Individual Applications, Multiple Applications and Special Applications.
    3. An applicant should then proceed to accomplishing the s1 application form in the portal providing information such as – Advertiser’s name, Brand, Product & Category. 
    4. Should the Brand, Product & Category not be readily available in the dropdown menu selection, the Applicant needs to write an email to inquiry@asc.com.ph, copy furnished Mr. Robbie Aligada, robbie.Aligada@asc.com.ph and Mr. Erwin Furagganan, erwin.Furagganan@asc.com.ph for the creation of the new entry fields.
    5. Applicant then proceeds to uploading the pdf of the main material as well as the support documents of the application. 
    6. Applicant may either park the application at anytime by hitting “Save” button. A ‘scheduled-send’ feature is also available. The scheduled send feature enables an Applicant to prepare and queue the application way ahead of the actual date of submission. 

    Section 2: The Screening Process: 

    Refer to Manual of Procedures Annex 1, item D, Submission of S1 Applications. 

    1. ASC Ad Specialist assesses the documents attached to the S1 form and submits the application to the Professional Screener. 
    2. Professional Screener thoroughly reviews the application, the documents submitted and renders a decision. 
    3. The Advertiser/Ad Agency or their official representative receives the decision on the S1 application within 48 hours from receipt of S1 application. 

    Refer to Manual of Procedures Annex 1, item C, Release of Clearances for Airing/Publication/Display/Posting for schedule of release [1]

    Note that all S1 applications for live materials should be accompanied by a certification from the Media Agency or Advertiser on the estimated date of airing of said live material. This will be used by the ASC in determining the submission date of the Tape-on-Air (TOA). 

    However, for Live Spiels/Live AOBs/Live Segment Sponsorships in broadcast and digital, the ASC issues both the Approval for Production and the Clearance for Airing/Posting, simultaneously. On the same day of application provided all necessary requirements are submitted. 

    Section 3: Presentation Materials 

    The following materials to be screened shall be submitted in the required format. Non-compliance will constitute non-acceptance for processing of the application. 

    • Television and Cinema Ads - Storyboard Requirements:
      • Shall be on a plain 8.5in x 11in. or A4 size landscape orientation.
      • Shall contain only 6 frames per page. 
      • Visuals in the storyboard shall be in full color or in the intended color of the final material. 
        1. All elements must be clear and readable. 
        2. Text shall be a minimum of 12 points Arial font. 
        3. Must have adequate descriptions and camera directions. 
        4. Detailed video description of all frames, including supers and qualifiers, if any. 
        5. Detailed audio in all frames, including music, SFX and incidental sounds, if any. 
      • Dialect or non-English/non-Filipino materials must be accompanied by either an English or Filipino translation, with both scripts written side-by-side, certified, and signed by the translator, all in one page, attesting to the accuracy and correctness of the translation. The Applicant shall be responsible for the translation submitted. 

    An approved broadcast material may be implemented in digital if it is the same, exact material. If there are new elements added, such as a caption, it has to be applied as a separate material. 

    There is no need to include the ASC Reference number in TV and Cinema ads. 

    • TV Portion Buys (live and pre-recorded) - Requirements: 
      • A detailed frame-by-frame audio-video script must be submitted for review. 
      • As part of compliance, TOA shall be submitted within 30 calendar days from first date of airing to be checked vs. approved audio-video script. 
    • Radio Ads - Requirements: 
      • Must be in PDF format, letter size, portrait orientation. 
      • Use a minimum of 12 points Arial font. 
      • Must be properly labeled, i.e., Live DJ spiel, Jingle, etc. 
      • Dialect or non-English, non-Filipino materials must be accompanied by either an English or Filipino translation, with both scripts written side-by-side, certified, and signed by the translator, all in one page, attesting to the accuracy and correctness of the translation. The Applicant shall be responsible for the translation submitted. (MOVE to ‘substantiation’).
    • Print and In-store Collateral Materials, or Similar Ads Requirements: 
      • Layout shall be in the intended color of the final material, PDF format, letter size. 
      • All elements shall be clear and readable, otherwise, application will not be accepted. 
      • The layout shall clearly specify the size of the material when printed or published. 
    • Billboards and Similar Out-of-Home (OOH) Ads - Requirements: 
      • Static Ads
        • The layout shall be in the intended color of the final material, PDF format, letter size. 
        • All elements shall be clear and readable, otherwise, application will not be accepted. 
        • The layout shall clearly specify the size of the material when displayed or installed.
      • Moving Ads (Electronic or LED)
        • The storyboard shall be in the intended color of the final material, PDF format, letter size. 
        • All elements shall be clear and readable, otherwise, application will not be accepted. 
        • Must contain only 6 frames per page. 
        • Shall have descriptions and camera directions, such as, but not limited to: - Detailed video description of all frames, including supers and qualifiers, if any - Detailed audio in all frames, including music, SFX and incidental sounds, if any. 
    • Mobile and Digital Ads - Requirements: 
      • Static Ads 
        • The storyboard shall be in the intended color of the final material, PDF format, letter size. 
        • All elements shall be clear and readable, otherwise, application will not be accepted. 
        • The layout must clearly specify the size of the material when displayed or installed. 
        • If image will be implemented with a caption, both will have to be applied together. 
        • In case image was applied and approved without a caption, and later on a caption that contains a claim or content that is required to be pre-screened is added, the caption, together with the approved image, shall be re-applied.
      • Video and Moving Ads 
        • The storyboard shall be in the intended color of the final material, PDF format, letter size 
        • All elements shall be clear and readable, otherwise, application will not be accepted. 
        • Shall have descriptions and camera directions, such as, but not limited to: 
          • Detailed video description of all frames, including supers and qualifiers, if any. 
          • Detailed audio in all frames, including music, SFX and incidental sounds, if any. 
          • If video will be implemented with a caption, both will have to be applied together. 
          • In case storyboard was applied and approved without a caption, and later on a caption that contains a claim or content that is required to be pre-screened is added, the caption, together with the approved storyboard, shall be re-applied.

    ASC Advertisement application fees [9]

    Extracted from ASC Ad pre-screening rates

    Product

    1) Beer

    Same as "Category" (alcoholic beverages) above. 

    2) Alcoholic ready-to-drink beverages (such as Chuhai) 

    Same as "Category" (alcoholic beverages) above.

    3) Whisky

    Same as "Category" (alcoholic beverages) above. 

    9.4 Other Notes or Requirements for Advertising

    For ASC ads approval, Alcoholic Beverages will undergo the screening process prior to airing, publication, display, posting, or uploading.

    9.5 References

    1. ASC Code Of Ethics & Standard Manual Of Procedures 

    https://asc.com.ph/wp-content/uploads/2023/03/ASC_Guidebook.pdf

    2. Republic Act 7394 Consumer Act of the Philippines 

    https://www.officialgazette.gov.ph/1992/04/13/republic-act-no-7394-s-1992/ 

    3. DTI-DOH Joint Administrative Order No. 1 series of 2000 Prescribing a Schedule of Fees and Charges for Sales Promotion Activities

    https://fairtrade.dti.gov.ph/faq/dti-doh-joint-administrative-order-no-01-series-of-2000/ 

    4. DTI Administrative Order No. 10-02 s. 2010 Addenda to DTI AO 2 s. 1993 

    https://www.dti.gov.ph/sdm_downloads/department-administrative-order-no-10-02-s-2010/

    5. FDA Circular 2019- 006 Guidelines In Commercial Display, Selling, Promotion, And Advertising Of Alcoholic Beverages And Beverages That Contain Alcohol

    https://www.fda.gov.ph/wp-content/uploads/2019/09/FDA-Circular-No.-2019-006.pdf

    6. Materials Covered by the ASC Code of Ethics and Manual of Procedures Section 7 Alcohol Beverages Page 43 - 48 

    https://asc.com.ph/our-standards/manual-of-procedures/general-rules/materials-covered-by-the-asc-code-of-ethics-and-manual-of-procedures/

    7. Requirements and Procedure of Sales Promo Permit (Initial And Amendment Application) CFRR 

    https://www.fda.gov.ph/wp-content/uploads/2023/06/Sales-Promo-Permit-Initial-and-Amendment-Application-pg-226-229.pdf

    8. Sales Promo Permit (Initial And Amendment Application) Process Flow Based on FDA Circular No.2021-013 

    https://www.fda.gov.ph/wp-content/uploads/2021/06/FDA-Circular-No.2021-013.pdf

    9. Guide to ASC Rates 

    https://asc.com.ph/ad-pre-screening/guide-to-asc-rates

     


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