9. Advertising Aspects

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9. Advertising Aspects

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Beers and RTDs
Hong Kong

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

9.1 Applicable Advertising Regulation

General Food

In Hong Kong, advertising is not regulated by a single piece of legislation but by various related laws.

Under Part V of the Public Health and Municipal Services Ordinance (Cap. 132) ("PHMSO") [1], it is an offense to publish an advertisement that falsely describes food or is likely to mislead as to the nature, substance, or quality of food.

The Trade Descriptions Ordinance (Cap. 362) [2] generally provides that descriptions/statements made with respect to a product being distributed and sold in Hong Kong must be true and not misleading and sets out particular offenses triggered by false trade descriptions or unacceptable trade practices.

There are also non-legally binding advertising standards that may apply, namely the Generic Code of Practice on Television Advertising Standards and the Radio Code of Practice on Advertising Standards [3]. Both advertising standards contain rules that pertain to advertisements including claims relating to nutrition or dietary effects, as follows:

claims of effects or treatment for conditions of health for which qualified medical attention or advice should reasonably be sought are not acceptable;
specific claims for the nutritional value of food must be supported by sound scientific evidence and must not give a misleading impression of the nutritional or health benefits of the food as a whole;
advertisements for dietary supplements, including vitamins or minerals, must not state or imply that they are necessary as additions to a balanced diet in order to avoid dietary deficiency or that they are the only means to enhance normal good health;
no advertisements should encourage patterns of behaviors that are prejudicial to health;
advertisements making nutritional and dietary claims are required to comply with rules governing professional advice and support;
the licensee must ensure that the advertisements that make claims relating to nutrition or dietary effects comply with all relevant legislation; and
no advertisements for products, services, and establishments that offer or provide treatment aimed at the achievement of weight loss or reduction of body fat are acceptable unless these advertisements state that their services/products are an adjunct to having a balanced/healthy diet to achieve such effect.

Category

Alcoholic drinks [3]

In addition to the requirements listed for "General Food" above, the advertising of liquor or alcoholic liquor (as defined in the Dutiable Commodities Ordinance (Cap. 109)) [4] requires special consideration and is subject to the following conditions:

(a) such advertising should only target the adult audience and no children or adolescents should be allowed to participate in the presentation of these advertisements;

(b) such advertisements should not be shown in proximity to children’s programs; or programs that, in the opinion of the CA, target young persons under the age of 18;

(c) for domestic free television program services, the licensee should not include in its licensed service between the hours of 4:00 p.m. and 8:30 p.m. each day any liquor advertising or include in its licensed service between these hours any material in respect of which the licensee has invited, offered or accepted sponsorship or any form of commercial promotion for any liquor product;

(d) advertisements that attempt to present drinking as a desirable new experience or that portray drinking as indispensable to popularity and success should not be permitted;

(e) the presentation of alcoholic liquor as prizes or gifts in isolation for television contests should not be permitted;

(f) the use of alcoholic beverages or products should not be portrayed as essential to maintain social status, relieve stress, or as a solution to personal problems. It is unacceptable to depict the consumption or presence of alcoholic beverages as a cause of the achievement of personal, business, social, sporting, sexual, or other success;

g) alcoholic products should not be advertised as similar to or equated with non-alcoholic products, e.g. soft drinks, fruit drinks, etc., which have particular appeal to children or young persons who are under the age of 18;

(h) advertisements must not suggest that a drink is preferable because of higher alcohol content or intoxicating effect;

(i) the selection of artistes in alcoholic beverage advertisements should be handled with care and the advertisements should avoid featuring any artiste, personality, or celebrity who appears regularly in any children's television programs or who has a particular appeal to children or young persons under the age of 18;

(j) use of alcoholic beverages or products should not be represented before or during any activity requiring alertness, dexterity, and/or sober judgment, e.g. the operation of a motor vehicle, boat, or airplane or engagement in swimming, water sports, or other potentially hazardous activities;

(k) advertisements must not encourage or depict immoderate drinking. This applies to the quantity of drink consumed and to the act of drinking portrayed;

(l) advertising should not promote the misuse or abuse of alcoholic beverages;

(m) advertising should not suggest that drinking is a prerequisite to relaxation. Alcohol should not be offered as a sedative or tranquilizer. While advertisements may refer to refreshment after physical performance, they must not give any impression that performance can be improved by drink;

(n) advertising by retail liquor outlets for alcoholic products should adhere to the advertising standards on alcoholic drinks; and

(o) advertising must not encourage, challenge, or dare non-drinkers or young persons under the age of 18 to drink.

Generally speaking, drinks containing 1.2 percent or less of ethyl alcohol by volume and presented as a low or no-alcohol version of alcoholic liquor, must not be advertised in or adjacent to children’s programs.

In particular, drinks containing more than 0.5 percent but not more than 1.2 percent ethyl alcohol by volume, whether or not presented as a low or no-alcohol version of alcoholic liquor, must not be advertised in or adjacent to children’s programs.

The advertisements must also comply with subparagraphs (a), (b), (d), (e), (f), (g), (h), (i), (j), (l), (m) and (o) of paragraph 2 above.

Product

1) Beer

Same as "General Food" and "Category" (alcoholic drinks) above.

2) Ready-to-drink beverages (mainly Chuhai)

Same as "General Food" and "Category" (alcoholic drinks) above.

9.2 Specific Restrictions on Advertising

General Food

Please refer to category/product-specific sections below for more specific information.

Category

Alcoholic drinks

For premises or stores selling or supplying alcohol, the store will need to display a sign containing the prescribed notice in both Chinese and English, which is as follows: 根據香港法律，不得在業務過程中，向未成年人售賣或供應令人醺醉的酒類。Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business. [5]

The sign must be displayed in a prominent location at the premises or store that can be easily seen by the public, for example, above the cashier counter; be rectangular in shape with sides of at least 38 cm in length and 20 cm in width. The prescribed notice contained in the sign must be in plain and readily legible characters and letters, and be set out in characters and letters of a color that contrasts with the background on which they appear.

If you sell or supply intoxicating liquor via remote means (such as the Internet or telephone), you need to display the prescribed notice on your online shop in a reasonably legible manner or read out the content of the prescribed notice before selling alcohol [6].

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Ready-to-drink beverages (mainly Chuhai)

Same as "Category" (alcoholic drinks) above.