Health messages required on alcoholic beverages from 24 February 2009

Consumers have become accustomed to the health warnings found on cigarettes and other tobacco products. Similar health warnings will soon have to be placed on alcoholic beverages, including beer.

Regulations published in terms of Section 15 of the Foodstuffs, Cosmetics and Disinfectants Act No. 54 of 1972 will come into force from 24 February 2009 in terms of Government Notice No. R 1208 in Government Gazette No. 31584.

Container labels for alcoholic beverages will have to carry one of seven possible health messages:

1. Alcohol reduces driving ability; don’t drink and drive;
2. Don’t drink and walk on the road; you may be killed;
3. Alcohol increases your risk of personal injuries;
4. Alcohol is a major cause of violence and crime;
5. Alcohol abuse is dangerous to your health;
6. Alcohol is addictive; and
7. Drinking during pregnancy can be harmful to your unborn baby.

The above health messages will have to be visible, legible and indelible and appear in a space specifically devoted to the message. They must be at least one eighth of the total size of the container label. The message must be in black on a white background.

Furthermore, the words “health”, “healthy”, “cure”, “heal”, “restorative” or other words or symbols claiming that alcoholic beverages have health-giving, medicinal or prophylactic properties as part of the name or descriptions of the product are prohibited.

Any person (including a juristic person) who does not comply with these regulations will be guilty of an offence and liable to a fine and/or imprisonment.

It is interesting to note that the regulations refer to health messages on labels only. No reference is made to advertising as such and it seems therefore that, unlike cigarettes and tobacco products, which may not be advertised at all, alcoholic beverages may still be advertised. Also, the regulations do not contain any requirement that the health warnings should appear in any other form of advertising for alcoholic beverages, save on the container labels. Advertisers should be aware, however, that the Advertising Standards Authority’s Code of Advertising Practice contains regulations governing the advertisement of liquor.

Lindie Serrurier
Associate
Lindie-s@adamsadams.co.za