A Look at Non-Compliance: Examining Alcohol Industry Marketing Practices in Portugal

Introduction:
The globalization of alcohol consumption and sales is driven by the marketing efforts of the Alcohol industry (AI), potentially fuelling alcohol-related harm worldwide. In Portugal, the marketing landscape of AI exists at the intersection of self-regulation and legal frameworks. Since the early 2000s, legislation has tightened its control over alcohol advertising, prohibiting the targeting of minors and the dissemination of social benefits or therapeutic properties messages. AI entities have voluntarily adopted self-regulation codes since 2007, committing to refrain from specific practices. This study aims to identify instances of non-compliance with established legislation and codes in the marketing practices of the national AI and to pinpoint existing regulatory gaps.
Methods:
A systematic search including direct observation was conducted throughout 2023, to collect examples of advertising, sponsorship, and promotion of alcoholic beverages across major Portuguese AI media platforms (traditional and nontraditional), as well as social, institutional, cultural, and festive engagements. National and international AI marketing practices targeting the Portuguese audience were considered. Data were categorized based on reference scientific literature and technical documents from international expert organizations. Subsequent analysis cross-referenced categorized content with Portuguese legislation and self-regulation codes.
Results:
Several deviations from legislative intent and breaches of laws and self-regulation commitments were identified in the marketing activities of AI entities. Claims conflicting with scientific health evidence and prohibited by law were documented. It was noted that implied and disguised advertising, particularly on social media, was specifically targeted at adolescents and young adults. Widespread sponsorship of musical and sports events coupled with corporate social responsibility (CSR) actions was found to be directed at vulnerable audiences.
Conclusion:
The investigation highlights AI's non-compliance with legal and self-regulatory standards, revealing how traditional media restrictions may have prompted the emergence of covert marketing practices. Notably, there are deficiencies in regulating digital marketing, event sponsorship, and CSR actions.
Industry commitments to not advertise to minors, and avoid associations with sports, success, and pleasure are ignored and strategies are used to glamorize, encourage, and normalize alcohol consumption. False health messages propagate illiteracy, misinformation, and misperceptions regarding alcohol-related risks. The findings call for systematic surveillance and control of AI marketing exposure by public health authorities. An in-depth analysis and revision of current self-regulation and legal mechanisms is needed, as well as ensuring law enforcement. Actions may involve contemplating the adoption of a framework prohibiting alcohol marketing, akin to tobacco regulations.