The 2019 advertising guide has been thoroughly revised, to make the document more user-friendly. Where possible, grey areas have been minimised to simplify practical application. The aim is to enable users to decide independently whether an advertisement is compliant with the law.
In addition to structural and editorial changes, more example images have been added to the new guide to better illustrate the rules. There are also a few adjustments with regard to advertising practice. Here is an overview of the most important ones:
Page 16, section 8.1.5: images of people
The depiction of people and individual body parts is not permitted. Reason: such images have no objective link to the spirit. Exceptions apply to bartenders, company founders, executives and people who work in production.
Page 20, section 8.1.8: company history and commitments
References to a company's commitment to social and ecological issues, as well as to animal protection programmes or similar, are not permitted as there is no direct, objective link.
Page 41, section 10.8: sponsoring
Here, an addition has been made to clarify that the use of registered trademarks for spirits is subject to the advertising regulations of the Alcohol Act. This means that registering a trademark for spirits does not give the owner the right to use the trademark for advertising purposes without restriction. This regulation, which was agreed in consultation with the Swiss Federal Institute of Intellectual Property (IPI), has always applied, but is now explicitly stated in the advertising guide.
Page 43, section 10.8.2: company name and spirits brand are not identical
Companies whose name is not identical to the spirits brand now have the option of providing additional information about their commercial activity when it comes to sponsorship. Previously, such companies were not allowed to make any reference to the products they sell. This is because product/brand sponsorship is prohibited for spirits. However, the company name may be used only in a neutral font in accordance with the entry in the commercial register, including the legal form.
The new guide to spirits advertising is now available on the FOCBS website. To allow sufficient time for adjustments, the new regulations will only be enforced from 1 January 2026.
If you have any questions, please contact the Alcohol Sector.
Contact:
Federal Office for Customs and Border Security FOCBS
Alcohol Sector
Route de la Mandchourie 25
2800 Delémont
Tel.: +41 58 462 65 00
Email: alkohol@bazg.admin.ch
