9. Advertising Aspects

Beers, RTDs, Whisky
Mongolia

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

9.1 Applicable Advertising Regulation

General Food [1]

In Mongolia, advertising regulations are governed by the overarching "Law on Advertising", which establishes the principles and rules for advertisements to ensure they meet public safety, ethics, and consumer protection standards. 

Category [1,2]

Alcohol

The Law on Control of the Circulation of Alcoholic Beverages and Combating Alcoholism in Mongolia establishes stringent regulations on the advertising of alcoholic beverages. Also, the law specifies that any advertising related to alcoholic beverages must comply with the broader Advertising Law, which outlines permissible advertising practices [2]. 

Product

1) Beer

Same as "Category" (Alcohol) above.

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

Same as "Category" (Alcohol) above.

3) Whisky

Same as "Category" (Alcohol) above.

9.2 Specific Restrictions on Advertising

General Food 

Law on Advertising establishes that all advertisements must be truthful, clear, and easily recognizable as advertising, ensuring they are accessible to consumers. Advertisements related to activities requiring special permits must clearly display the name of the issuing authority and the permit number. When using statistics, research findings, or factual data, advertisers are required to cite relevant sources. 

Furthermore, the law prohibits several advertising practices. The following advertising behaviors are prohibited under the law: 

• Unauthorized Promotion: Advertising activities that require special permits are prohibited unless these permits have been obtained. Additionally, advertising products that are banned or restricted by Mongolian law, or those lacking necessary certifications (such as quality, standards, or hygiene), is not allowed. 
• Misleading Information: Any advertisement containing false or misleading information about a product's attributes, availability, pricing, or certification is prohibited. This includes exaggerating product qualities or misrepresenting their origin or characteristics.
• Harmful Content: Advertisements must not induce fear, promote violence, or depict immoral behavior. Content that encourages harmful actions or violates public safety or moral standards is also forbidden. 
• Illegal Advertising Practices: 
  • Inappropriate Advertising: Includes misleading representations of products, defamation of others, or taking advantage of consumer ignorance. 
  • Unrealistic Advertising: Any advertisement that makes exaggerated or false claims about product characteristics, origin, availability, or pricing. 
  • Unethical Advertising: Includes content that insults national symbols, cultural heritage, or denigrates religion, ethnicity, gender, or other social identifiers. Advertising that disparages competitors or misuses national or governmental symbols is also considered unethical. 
• Hidden Advertising: Advertisements that subtly influence consumer behavior without overt acknowledgment, or that attempt to manipulate consumers through covert methods, are explicitly banned. This includes advertisements that defame competitors or exploit consumer trust in hidden ways. 

The prohibitions on advertising aimed at protecting children from harmful advertising practices include: 

• Undermine the reputation of parents or guardians. 
• Encourage children to pressure their parents or others into purchasing products. 
• Create false perceptions about a child’s social status based on purchasing decisions. 
• Use dangerous or unsafe situations involving children in advertisements. 

The law bans the involvement of children in advertising of food products that are high in sugar, salt, trans fats, and saturated fats.

Category

Alcohol

Advertising of low-strength wine, beer, and mineral spirits is regulated by Article 14 Law on Advertising [1]. 

A. Newspapers and magazines under the public press order are permitted to publish advertisements for wine, beer, and alcoholic beverages containing up to 18% ethanol. However, such advertisements are prohibited from appearing on the front or back pages of the publication. The specific conditions for their placement are as follows: 

1. Daily Newspapers: Advertisements may be published once per week, occupying no more than 50% of a single page. 
2. Monthly Newspapers: Advertisements may be published once per month, with the same 50% of a single page limitation, unless otherwise specified in Article 14.1.1. 
3. Magazines: Advertisements are limited to once per month and must not exceed one full page. 

B. Advertisements for wine, beer, and alcoholic beverages containing up to 18% ethanol, produced using traditional technology, are allowed to be distributed on the Internet, in accordance with Article 12 of the Law on Advertising. This section outlines the following specific guidelines for online advertisement distribution: 

1. Permission Requirement: Advertisers are prohibited from placing ads on third-party websites without obtaining permission. 
2. Transparency: Online advertisements must include essential contact information for the advertiser, including the name, address, and contact number. 
3. Special Fees: If there is a fee to access the page where the advertisement is located, the fee must be clearly disclosed to users before they access the content. 

C. Advertisements for wine, beer, and alcoholic beverages containing up to 18% ethanol must not encourage the consumption of alcoholic beverages. Furthermore, these advertisements are required to include the following health warning: "Excessive consumption is harmful to your health." 

D. If an enterprise producing and distributing wine, beer, or alcoholic beverages containing up to 18% ethanol has sponsored, financed, or donated for the purpose of organizing or supporting public physical activities or sports events, it is permitted to place advertising materials, such as wall boards and posters, at the event location to promote their product. 

E. Prohibited activities in advertising wine, beer, and alcoholic beverages containing up to 18% ethanol: 

• Involving a person under the age of 18.
• Expressing the content that alcoholic beverages can encourage a person to achieve public, professional, sports, and personal success, increase his reputation, and have the value of restoring the body and emotions.
• Stating that alcoholic beverages contain beneficial food vitamins and supplements and are beneficial to human health. 
• Content and form aimed at teaching and training people under the age of 21 to use alcoholic beverages. 
• Advertising without warning about the harmful effects of alcoholic beverages during advertising of alcoholic beverages. 

Promoting alcoholic beverages containing ethanol with a specific hardness of more than 18% is prohibited. 

Product

1) Beer

Same as "Category" (Alcohol) above. 

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

Same as "Category" (Alcohol) above.

3) Whisky

Same as "Category" (Alcohol) above. 

9.3 Advertising Approval

General Food

The permission to place outdoor advertisements (e.g. on a billboard) shall be granted by the Office of the Governor of the province, sum, capital, or district. Outdoor advertising includes advertising placed on public buildings, roads, streets, and squares with the help of billboards, traffic lights, lighting, and other non-moving means. The conditions and requirements for the permit for outdoor advertisements shall be approved by the Metropolitan Citizens' Representative Meeting [1]. 

Food advertisements in Mongolia must comply with the regulations set forth by the Law on Advertising to ensure the content is truthful and does not mislead consumers. Advertisements must still adhere to general advertising standards, such as being accurate, non-deceptive, and in line with consumer protection laws. However, pre-approval of food advertising content is not required by these regulations [1]. 

Category

Alcohol

Same as General Food above.

Product

1) Beer

Same as "Category" above. 

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

Same as "Category" above.

3) Whisky

Same as "Category" above. 

9.4 Other Notes or Requirements for Advertising

Prohibition of activities aimed at increasing alcohol consumption [2] 

Article 29 of the Law on the Control of Alcoholic Beverages and Combating Alcohol Abuse outlines the prohibition of several activities aimed at increasing alcohol consumption. These include: 

1. Advertising Alcohol During Events: Alcohol-related ads are prohibited during sports, cultural, artistic, and public events unless specified in Article 141.4 of the Law on Advertising. 
2. Discounts and Incentives for High-Strength Alcohol: Advertising, selling, or promoting alcoholic beverages with an ethanol content of 38% or more at discounted prices or with incentives is prohibited. This includes selling them at a lower price or using advertisements that offer discounts. 
3. Serving Alcohol for Free or as Samples: Licenses to sell alcoholic beverages do not allow serving alcohol for free in the form of samples, models, or entertainment. Tastings and promotional events for free alcohol are also prohibited. 
4. Unlimited Alcohol for One Price: Selling or serving unlimited alcoholic beverages for a single fixed price is not allowed. 
5. Rewarding with Alcohol: It is prohibited to reward individuals with alcohol, provide it in lieu of wages, or organize games, festivals, and raffles that involve alcoholic beverages as prizes. 
6. Misuse of Alcoholic Beverage Names and Logos: Using the name, logo, or trademark of an alcoholic beverage or its factory in advertisements in print, media, movies, or physical forms such as posters, menus, or passenger tickets is prohibited, except as specified in Article 141.5 of the Law on Advertising. 
7. Excise Tax Violations: The production and sale of alcoholic beverages without proper excise tax marks is forbidden, as is the forgery of excise stamps or the sale of fake excise stamps.
8. State-Owned Entities and Alcohol: It is prohibited for state-owned or state-funded organizations to purchase alcoholic beverages, except for official state ceremonies and external events of honor.
   

9.5 References

1. Law on Advertising 

https://legalinfo.mn/mn/detail/259

2. Law on control of the circulation of alcoholic beverages and combating alcoholism 

https://legalinfo.mn/mn/detail?lawId=16530861302491