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Content of advertisements
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13. (1) This section shall not apply to—
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(a) alcohol related merchandise,
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(b) a fixture or fitting on or attached to a premises the subject of an on-licence,
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(c) a premises where alcohol products are manufactured or sold by wholesale, or
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(d) a vehicle owned by a person who manufactures, or sells by wholesale, alcohol products.
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(2) A person shall not advertise, or cause to be advertised, an alcohol product unless the advertisement includes, in the prescribed form—
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(a) a warning that is intended to inform the public of the danger of alcohol consumption,
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(b) a warning that is intended to inform the public of the danger of alcohol consumption when pregnant,
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(c) a warning that is intended to inform the public of the direct link between alcohol and fatal cancers, and
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(d) details of a website, to be established and maintained by the Executive, providing public health information in relation to alcohol consumption.
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(3) A person who contravenes subsection (2) shall be guilty of an offence.
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(4) For the purposes of this section, the Minister may prescribe—
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(a) the form of a warning referred to in paragraphs (a), (b) and (c) of subsection (2), including its size and colour and the size, colour and font type of the printed material on the warning concerned,
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(b) the manner in which details of the website referred to in subsection (2)(d) shall be displayed including the size, colour and font type of the printed material concerned, and
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(c) in relation to a broadcast advertisement, the prominence and duration of a warning referred to in paragraphs (a), (b) and (c) of subsection (2), and the manner in which details of the website referred to in subsection (2)(d) shall be displayed.
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(5) When making regulations under subsection (4), the Minister shall take into account any expert research available to him or her on the effectiveness of the inclusion in advertisements for alcohol products of the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2), and shall have regard to—
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(a) the rate of alcohol consumption,
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(b) patterns of alcohol consumption,
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(c) health-related risks caused by alcohol consumption,
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(d) other societal harm caused by alcohol consumption, and
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(e) such other matters he or she considers appropriate.
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(6) Regulations under subsection (4) may be expressed to apply either generally or by reference to a class or classes of advertising.
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(7) An advertisement for an alcohol product shall not contain anything other than a warning under subsection (2)(a), a warning under subsection (2)(b), a warning under subsection (2)(c) and details of the website under subsection (2)(d) together with all or any of the following:
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(a) an image of, or reference to, one or more alcohol products (whether of the same or different kinds) either in a container or containers (which may be opened or unopened) or in a glass or glasses;
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(b) details of whether the product concerned is intended to be diluted with a non- alcoholic beverage and where it is intended to so be diluted, an image of or reference to the non-alcoholic beverage;
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(c) an image of, or reference to, the country and region of origin of the product concerned;
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(d) an image of, or reference to, the method of production of the product concerned;
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(e) an image of, or reference to, the premises where the alcohol product concerned was manufactured;
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(f) the price of the product concerned;
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(g) a brand name or variant thereof, trade mark and brand emblem of the product concerned;
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(h) a corporate name and corporate emblem of the product concerned;
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(i) an objective description of the flavour, colour and smell of the product concerned;
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(j) the name and address of the manufacturer (or his or her agent) of the product concerned;
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(k) the alcoholic strength by volume of the product concerned;
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(l) the quantity in grams of alcohol contained in the product concerned;
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(m) the energy value expressed in kilojoules and kilocalories of the product concerned.
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(8) A person shall not advertise, or cause to be advertised, an alcohol product unless the advertisement complies with subsection (7).
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(9) Subject to subsection (11), a person shall not advertise or cause to be advertised—
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(a) any service, or
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(b) any product (other than an alcohol product),
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in an advertisement that includes an image of an alcohol product or a reference to alcohol use.
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(10) A person who contravenes subsection (8) or (9) shall be guilty of an offence.
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(11) Subsection (9) shall not apply to—
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(a) an advertisement for a licensed premises provided such advertisement does not advertise or promote an alcohol product or brand,
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(b) an advertisement or public service announcement in relation to road safety produced by the Road Safety Authority or the Department of Transport, Tourism and Sport, or
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(c) an advertisement or public service announcement providing public health information in relation to alcohol consumption sponsored or produced by the Executive or the Department of Health.
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